The Calcutta High Court stayed an order permitting a CPI(M) bookstall in Bongaon. The bench stressed that all roadside stalls require authorisation and equal legal treatment.
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Kolkata,Oct 16, 2026 17:12 IST
The Calcutta High Court on Friday stayed a single-judge bench order that had allowed the CPI(M) to set up a bookstall in Bongaon in North 24 Parganas district, news agency Press Trust of India reported.
A division bench of Chief Justice Ravindra V Ghuge and Justice Shabbar Rashidi said roadside stalls could not operate without the required permission. It ruled that the party could not set up the stall even with a table and an umbrella.
The bench issued notices to all parties and scheduled the next hearing for January 21. The stay came on a petition filed by the Bengal government challenging Thursday's order by Justice Sougata Bhattacharya's single-judge bench, which had allowed the proposed bookstall.
During the hearing, Chief Justice Ghuge asked CPI(M) counsel Shamim Ahmed whether the party had applied for permission. "If you have not obtained permission despite applying for it, what are the police supposed to do?" he asked, according to PTI.
Ahmed said applications had been submitted to the Public Works Department and the highway authorities, and the police had also been informed.
Stressing equal treatment under the law, the Chief Justice said, "Remove all stalls along the roadside. If there is no permission, nobody needs a stall. All are equal in the eyes of law."
The bench asked where the proposed bookstall would be located and whether it encroached on the road. The CPI(M)'s counsel said it would be in front of the party office. Asked whether it was in line with other stalls or extended onto the road, he said it was in the same row as the others.
Additional Advocate General Bilwadal Bhattacharya, appearing for the state, said he did not know whether the other stalls in the area had the necessary permissions.
The Chief Justice said, "The High Court will order their removal. There must be equality before the law. Remove all the stalls."
Bhattacharya questioned how a bookstall could be allowed without the authorisation required under the law. Seeking permission, the CPI(M)'s lawyer said Durga Puja had begun and only three to four days of the festivities remained. He assured the court that no loudspeaker or microphone would be used.
The lawyer said the party did not plan to put up any temporary structure and initially sought permission for a table and a canopy. The Additional Advocate General questioned whether a political party could make such a request for a bookstall.
The CPI(M)'s counsel then said a canopy was not necessary and asked the court to allow the party to display books on a table under an umbrella in front of its office.
The Additional Advocate General told the bench that the officer-in-charge of Bongaon police station was present in court. He also said the proposed site was about six kilometres from the Bangladesh border, PTI reported.
The division bench ultimately refused to allow the CPI(M) to set up the bookstall, even with only a table and an umbrella, and stayed the single-judge order on the ground that the required permission had not been obtained.
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