Rath Yatra in WB: BJP moves SC against HC order, says fundamental right cannot be withheld

The BJP sought an urgent hearing of its special leave petition, in which it challenged the December 21 judgment of the high court setting aside the order of a single judge allowing the yatra.

As an interim relief, it also sought an ex-parte stay of the operation of the December 21 judgement of the high court.

The party approached the apex court, which is on winter vacation till January 1, seeking permission to hold the campaign 'Save Democracy Rally', which would cover 42 parliamentary constituencies in the state ahead of the 2019 general elections.

The plea, filed through advocate E C Agrawala, has arrayed as parties the State of West Bengal, its chief secretary, principal secretary, director general of police and additional director general of police (Law and Order).

It said that the party's fundamental right to hold a peaceful yatra cannot be withheld on the ground of mere surmises and conjectures as it is done by the state authorities repeatedly.

The plea alleged that the State of West Bengal was repeatedly "attacking" the fundamental right of citizens due to which different petitions were filed challenging the activities of the state government in denying permission to different organisations.

It claimed that in the past as well, permission was denied several times at the last moment to "harass the BJP" which later moved the high court and that the "BJP is facing such political vendetta since 2014 in West Bengal".

While the All India Trinamool Congress is in power in the state, BJP is in opposition.

"... the activity proposed to be organised by the petitioner (BJP WB unit) is to create awareness amongst citizens about their choice and make them more informed as citizens and therefore any unreasonable assumption cannot be allowed on pretext of reasonable restriction," it said.

It claimed that the high court has failed to appreciate that the order of the authorities is not justified in the eyes of the law as it is in contravention of the provisions of law and total ignorance of the principles established by the apex court in many judgements.

"... the high court must have appreciated the fact that the respondents are misusing the procedure of law to prohibit petitioners to exercise their constitutional rights on some of other pretext," the petition said.

The plea said that the BJP has emerged as the main opposition party in West Bengal, and its rise and dissatisfaction of people against the present state government can be seen from the recent elections there.

"In the state of West Bengal, the All India Trinamool Congress is trying to snatch voting rights of the people by threatening them and demolishing the democratic right of the people, which could be seen by the fact that 34 per cent of the seats in Panchayat elections went uncontested," it said.

It said the BJP has decided to protest against lawlessness like fear to contest elections and post-poll violence, which are very much prevalent in the state.

The plea said the decision to organise the programme was taken by the state and central leaders of the party but the event could not be started as per the original plan due to the "illegal" denial of permission by the authorities.

It said they are losing valuable time in starting with the yatra, which is required to be completed in a time-bound manner in view of certain upcoming festivals.

The plea added that they have given information and representations to the police and other authorities but they did not bother to respond.

"It is apparent that the State of West Bengal is showing political vendetta and willfully trying to stop the petitioner to exercise its fundamental rights in the State of West Bengal... The police has every right to regulate that but the law does not give power to police authorities to restrain citizens to hold any peaceful rally," it said, adding that the BJP had given its route map to the police as national level leaders, several MPs and CMs, have agreed to join the yatra.

It alleged that the BJP faces the same vindictive attitude of the state government every time and that there is a basic difference between a political party and a government.

The state government cannot have any colour but in West Bengal, the government and the executives are working as political agents of the All India Trinamool Congress and showing political vendetta towards the opposition, the petition alleged.

"The right of the petitioner to hold public meeting on a public street or public place is protected under the Constitution of India and therefore, the state authorities have no right to prohibit the democratic rally, but they have every right to make regulations in aid of the right of the same with valid reasons," the plea said.

The rallies, according to the original schedule, were supposed to be launched by BJP president Amit Shah from Bengal's Cooch Behar district on Decemebr 7, Kakdwip in South 24 Parganas on December 9 and from Tarapith temple in Birbhum on December 14.