The Calcutta High Court has sought a police report on permissions granted to political organisations for setting up book stalls near a Durga Puja pandal in Bongaon, North 24 Parganas, after the CPM alleged that it was denied permission this year while other organisations were allowed to operate stalls at the venue.
Justice Sougata Bhattacharya questioned the objection to the CPM’s proposed stall during Wednesday’s hearing. “You are not setting up a lottery shop there. You are setting up a bookshop. What is the problem?” he observed.
The court also said that allowing one organisation to set up a stall while denying the same opportunity to others was not appropriate. Justice Bhattacharya said the voice of opposition political parties should not be suppressed in this manner.
The CPM approached the High Court claiming that it had been putting up book stalls in front of the Durga Puja pandal for several years, but permission had suddenly been withheld this year. During the hearing, the party’s counsel said other organisations had been granted permission at the same venue, including a pro-Hindu organisation.
The CPM questioned whether all the organisations operating stalls had obtained the necessary permissions. The dispute has brought the administrative process governing temporary stalls at a public festival venue before the court, with the ownership and authorisation of the land also emerging as a central issue.
Appearing for the state, Advocate General Surajit Nath Mitra argued that the case did not concern police inaction or excessive police action. He therefore submitted that it should not be heard by Justice Bhattacharya’s bench, which currently deals with matters relating to such issues, and requested that the petition be assigned to the appropriate bench under the High Court’s roster.
Mitra also argued that the CPM had applied to the Sub-Divisional Magistrate for permission even though the land belonged to the Public Works Department. According to the state’s submission, the party should have approached the PWD for authorisation instead. He maintained that a case concerning the Sub-Divisional Magistrate or the PWD should not be heard by the present bench.
After hearing both sides, Justice Bhattacharya said he would consider whether to release the case for hearing before another bench. Before taking that decision, however, he sought a police report clarifying which organisations had received permission from the PWD to set up book stalls at the venue.
The matter will be heard again on Thursday.
