Justice Saugata Bhattacharyya of Calcutta High Court on Thursday allowed the CPM to set up a book stall within 100 metres of its party office on Jessore Road at Bongaon in North 24-Parganas during Durga Puja.
The court questioned the administration’s apparent double standard in permitting other temporary stalls along the same stretch of the road in the town.
“Where everyone has the opportunity to sell their goods, the petitioner (CPM) cannot be stopped from selling books,” Justice Bhattacharyya observed, stressing that the state must create space for people with different political ideologies.
Justice Bhattacharya on Wednesday had also observed that the state should “not stifle the voice of other parties, as that is not the spirit of democracy”. He was hinting at the permission given to the RSS-affiliate Hindu Jagran Manch to set up a stall on Jessore Road, while not giving the same privilege to the CPM.
The state government moved the division bench on Wednesday, claiming the denial of permission for the CPM book stall was a land-related dispute, not a police bias. On Thursday, the Chief Justice’s division bench heard the matter and referred it back to Justice Bhattacharyya’s bench.
While directing the police to allow the CPM to set up its stall within 100 metres of its party office, Justice Bhattacharyya directed that adequate security be provided during the setting up of the stall to ensure law and order.
The court also asked the superintendent of police of Bongaon police district to submit a compliance report on its order on November 23.
The dispute arose after the CPM alleged it was denied permission to set up its traditional book stall near its party office, while other organisations were allowed. The state argued that the party had not obtained the requisite permission from the PWD, which controls the land, and that the police could not provide security for an unauthorised structure.
Senior advocate and CPM counsel Bikash Ranjan Bhattacharyya argued that the administration could not apply different standards to different organisations.
Advocate-general Surjit Nath Mitra countered that the state could not authorise construction on land belonging to another authority. Additional advocate-general Billwadal Bhattacharya told the court that the CPM did not seek PWD’s permission and the owner of the house where the CPM office is located had allowed the Hindu Jagran Manch to erect a stall.
On Wednesday, Justice Bhattacharyya had questioned whether the other stall operators had also obtained the necessary permissions from the PWD.
“Why pick and choose?” the judge asked, adding that allowing some organisations to operate stalls and denying the same opportunity to others would send the wrong message.
He indicated that if the authorities maintained that the stalls lacked permission, the rules would have to be applied uniformly to all stalls.
Speaking to The Telegraph, CPM veteran Sujan Chakraborty said: “The court through its book stall order has made it clear that such curbs can’t be imposed. The BJP and (similar) organisations should understand the point recognised by the court.”
While the CPM “celebrated” its legal victory on Thursday, the state government decided to challenge Justice Bhattacharyya’s order in the division bench. The matter is likely to be heard on Friday.
Additional reporting by Subhasish Chaudhuri