The Calcutta High Court has sought a police report on the denial of permission for a CPI(M) book stall near a Durga Puja pandal in Bongaon, North 24 Parganas, while questioning why a book stall should face restrictions when other stalls were allowed.
The matter was heard by Justice Sougata Bhattacharyya on Wednesday after the CPI(M) approached the court alleging that it had been denied permission to set up the stall this year. The party told the court that it had operated a book stall at the location for several years and that permission was now being withheld, even though other organisations had received approval.
The CPI(M) alleged that the Hindu Jagran Manch had also been permitted to set up a book stall at the site. During the hearing, the party questioned whether organisations other than the CPI(M) had obtained the required permissions. The court also raised the issue of equal treatment when permission is granted to one group but denied to another.
Justice Bhattacharyya observed that the authorities should not suppress the voice of an opposition political party in this manner. The judge also questioned the nature of the proposed activity, saying, “They are not going to put up a lottery shop there. They will put up a book stall. What is the difficulty?”
The state government opposed the matter being heard by the bench. Advocate General Surjit Nath Mitra argued that the case did not concern police inaction or excessive police action and therefore did not fall within the jurisdiction of the bench. He requested that it be sent to the appropriate bench under the High Court’s roster, which assigns different categories of cases to specific benches.
Mitra also said that the CPI(M) had applied to the subdivisional officer for permission, but the land belonged to the Public Works Department. According to the state’s submission, the party should have approached the Public Works Department directly for permission to set up the book stall. The Advocate General argued that the bench should not hear a case against the subdivisional officer or the Public Works Department.
After hearing both sides, Justice Bhattacharyya said he would consider whether to release the case from his bench. Before taking that decision, however, he sought a police report on which organisations were operating book stalls at the location with Public Works Department permission. The case is scheduled to be heard again on Thursday.
