Kolkata, February 27 The Calcutta High Court on Friday allowed the BJP to hold political rallies on March 1 and 2 for its 'Paribartan Yatra' program in the poll-bound state of West Bengal, imposing certain conditions.
Giving credence to the BJP's contention that the right to assembly is a fundamental right under Article 19 of the Constitution, the court observed that although the application was made on behalf of a political party, "the participants comprise individuals who are undoubtedly citizens."
Allowing the saffron party's programs in different districts on both days, Justice Suvra Ghosh directed that they be held between 2 pm and 6 pm, with the maximum number of participants at any given time not exceeding 1,000.
The West Bengal BJP will on March 1 launch the 'Paribartan Yatra', a statewide mobilization program aimed at gaining public support before the assembly elections.
Union Home Minister Amit Shah, BJP president Nitin Nabin, Union Health Minister J P Nadda, and Defence Minister Rajnath Singh will participate in the rallies to be launched from various districts across West Bengal.
The court directed that speeches capable of inciting violence will not be permitted, and the petitioner will furnish the names of 20 volunteers along with their mobile phone numbers to the police by 6 pm on Friday.
Justice Ghosh further directed that the volunteers will be responsible for any violation or untoward incident and would maintain continuous liaison with the police personnel.
The court directed that a sufficient number of police personnel be deployed in and around each venue in order to ensure the maintenance of law and order.
BJP lawyers told the court that while police in Durgapur had granted permission for the rallies, authorities in other districts had not yet done so. They argued that the right to assembly under Article 19 cannot be taken away or abridged by the state.
Opposing the plea, state counsel contended that the appropriate authority has the power to impose reasonable regulations to ensure the safety and convenience of the people.
They added that the petitioner’s right to assemble cannot be unconditional, even as a fundamental right of free speech or assembly.