Calcutta High Court allows CPI(M) bookstall near Bongaon Durga Puja pandal

The Calcutta High Court on Thursday allowed the CPI(M) to set up a bookstall near a Durga Puja pandal in Bongaon and said the West Bengal government should create an atmosphere in which people can express differing political views, news agency Press Trust of India reported.

Justice Saugata Bhattacharyya said the spread of different political thoughts and ideologies strengthens democracy. The court also directed the police to maintain public order and ensure that the party can operate the stall during the festival.

"It is expected of the present ruling dispensation to create an atmosphere where persons owing allegiance to different political ideologies will not hesitate to voice their views," Justice Bhattacharyya observed.

The court said the expression of diverse political views makes democracy "fruitful, deep-rooted and mature".

According to PTI, the court directed the superintendent of the Bongaon police district and the inspector-in-charge of Bongaon police station to maintain peace and allow the CPI(M) to erect a bookstall and sell books within a 100-metre radius of its party office during Durga Puja.

The party office is near a Durga Puja pandal. The CPI(M), which has been setting up bookstalls near Durga Puja pandals for decades, had sought permission to establish the stall on Jessore Road in Bongaon, North 24 Parganas district.

Justice Bhattacharyya directed the police to deploy adequate personnel to prevent anyone from disrupting the Left party members running the stall and selling books.

The superintendent of police was asked to submit a report on the steps taken to comply with the order at the next hearing on November 23. The court also rejected the state respondents' request to stay the operation of the order.

Earlier on Thursday, a division bench headed by Chief Justice Ravindra V Ghuge disposed of an appeal filed by the officer-in-charge of Bongaon police station against Justice Bhattacharyya's October 14 order on the CPI(M)'s petition.

The division bench allowed the single bench to examine whether it had the authority to hear the matter, an issue raised by the appellant.

After hearing the state and the CPI(M), Justice Bhattacharyya held that the petition concerned alleged police inaction and could, therefore, be heard by the court.

"The court finds that the petitioner organisation has become a victim in the matter of erecting a bookstall whereas others have been permitted," Justice Bhattacharyya said.

He noted that the CPI(M) had made a case that it had been setting up bookstalls at the site for a long time. The court said the party could not be stopped from selling books from a stall when others had been allowed to set up stalls and sell various items in the area.

During the hearing on Wednesday, Justice Bhattacharyya had observed that the opposition's voice must not be stifled as that was not in keeping with the spirit of democracy.

The CPI(M)'s lawyer claimed that the Hindu Jagran Manch had set up a stall at the spot where the party had traditionally operated its temporary bookstall near the Durga Puja pandal for the past 50 years.

The judge had then directed the inspector-in-charge of Bongaon police station to conduct an inquiry and submit a report on Thursday on whether others had set up stalls on Jessore Road without permission from the Public Works Department or other authorities.

The state subsequently appealed before the division bench headed by the Chief Justice, arguing that the matter concerned land rather than police inaction and questioning whether Justice Bhattacharyya's single bench could hear it.

The High Court ultimately treated the dispute as a matter of police inaction, allowed the CPI(M) to run its bookstall near its party office during Durga Puja and directed the police to provide security and maintain peace.