January 08, 2019:
On Tuesday, the Supreme Court issued a notice to the West Bengal Govt. for restraining the Bharatiya Janata Party (BJP) from holding its proposed rath yatras in the state.
The apex court will take up the matter for hearing on Jan 15.
The BJP had moved court seeking permission to hold the campaign ‘Save Democracy Rally’, which would cover 42 parliamentary constituencies in the state ahead of the 2019 general elections.
It had challenged the Dec 21 order of a division bench of the high court which had set aside the order of a single judge allowing the yatra. In the petition, the BJP had said that their fundamental right to hold a peaceful yatra cannot be withheld.
The party had planned to launch the yatra from three districts of the state.
The High Court’s division bench had earlier sent the case back to the single judge to hear it afresh and also to consider intelligence inputs by state agencies.
The order of the division bench had come after hearing an appeal moved by the West Bengal Govt. challenging the order of the single judge.
In the petition filed in the apex court, the BJP’s West Bengal unit had contended that authorities cannot abridge their right and they have a duty to facilitate them in exercising their democratic right.
They had alleged that the State Govt was repeatedly “attacking” the fundamental right of citizens due to which different petitions were filed challenging the activities of the State Govt. in denying permission to different organisations and the top court has allowed the citizens to organise their events.
It had claimed that earlier also, permission was denied several times at the last moment to “harass the BJP” which later moved the high court and that the party “is facing such political vendetta since 2014 in West Bengal”.
As per the earlier proposed schedule, the rallies were to be flagged off by BJP president Amit Shah from Bengal’s Cooch Behar district on Dec 7, Kakdwip in South 24 Parganas on Dec 9 and from Tarapith temple in Birbhum on Dec 14.