Kolkata, Jul 25 The Calcutta High Court on Saturday refused permission for a TMCP rally in solidarity with the nationwide protests over NEET paper leak, observing that a balance must be maintained between citizens' right to hold a rally and express their views vis-a-vis the administration's right to regulate such programmes in the larger public interest.
Hearing the matter in a special sitting, Justice Saugata Bhattacharyya said the rights to freedom of speech and expression and to assemble peacefully without arms, guaranteed under Article 19 of the Constitution, are subject to reasonable restrictions.
The court observed that a balance must be struck between citizens' right to hold rallies and express their views and the administration's right to regulate such programmes "so that everyone can enjoy the right."
Noting that the protests over the NEET paper leak were being held across the country, including in Kolkata, Justice Bhattacharyya said the police had faced a difficult situation while maintaining normalcy during a similar protest at Esplanade on Friday.
"Existing circumstances, as it appears to the court, does not seem to be absolutely normal, which is a relevant consideration in this matter since a separate rally is proposed to be organised by the student wing of a particular party," the judge observed.
He said that given the existing situation, the court does not find it feasible to permit the petitioner to hold a rally which may escalate tension leading to breach of corresponding rights of citizens of Kolkata.
Taking note of the present situation which has emerged due to widespread protests of students, the court said it is not inclined to interfere with the communication by Kolkata Police refusing permission for the TMCP rally planned on Saturday.
The petitioner prayed for direction to police authorities to permit West Bengal Trinamool Chatra Parishad to hold a rally on Saturday afternoon.
The petitioner's lawyer, Arka Nag, stated before the court that the rally was planned to express solidarity with the nationwide protests over NEET paper leak.
Advocate General Surojit Nath Mitra, representing the state government, opposed the prayer, pointing to the present situation emerging due to widespread protests at the instance of students and youth in the country regarding the issue.
Referring to a Left student organisations' rally on Friday on the issue that police had to tackle at Esplanade, Mitra said the situation might go beyond control if separate rallies are organised by different political organisations at this stage.
