Court holds writ petition as police inaction matter, directs authorities to ensure peaceful erection of stall amid allegations of obstruction by rival political group
In a significant judgment dated October 15, 2026, the Calcutta High Court, presided over by Justice Saugata Bhattacharyya, ruled in favour of the Communist Party of India (Marxist) (CPI(M)) regarding their plea for police protection to erect and operate a temporary book stall during the Durga Puja festival in Bongaon, North 24 Parganas. The Court clarified that the writ petition filed by CPI(M) should be classified under Group-IX (Police inaction) rather than Group-I (Land), dismissing the State's contention that it was a land dispute merely because the site belongs to the Public Works Department (PWD) and a representation had been made to the Sub-Divisional Officer.
The case arose after CPI(M) alleged forcible obstruction on October 6, 2026, by members of a rival political group from erecting a bamboo structure for their book stall. Despite previous years' peaceful conduct of such stalls by the party, police allegedly prevented them, allowing the rival group to occupy the site. The petitioners sought a writ of mandamus directing police authorities to maintain peace, public order, and provide adequate protection for their stall during the festival period from October 16 to 21, 2026.
The State argued that since the land belonged to the PWD and the petitioners had submitted a representation for permission, the matter fell within Group-I (Land) disputes under Appendix IV of the Calcutta High Court Rules. However, the Court found that the sub-head "Miscellaneous" under Group-I was not meant to include all matters unrelated to the specific land issues enumerated in sub-heads (a) to (k). The Court emphasized that the core grievance was police inaction and obstruction, not a land dispute, and thus rightly fell under Group-IX.
Further, the Court noted that the State failed to provide evidence that other stall holders on PWD land had obtained requisite permissions, while the petitioners had been consistently allowed to operate their stall in prior years. The Court observed that allowing different political ideologies to express themselves through such stalls during a democratic festival is essential for a healthy democracy. It directed the Superintendent of Police and the Inspector-in-Charge of Bongaon Police Station to ensure peace, allow the erection of the CPI(M) book stall within 100 meters of the intended site, and deploy adequate police personnel to prevent disturbances.
The Court also refused the State's prayer to stay the operation of the order, underscoring the urgency given the ongoing Durga Puja celebrations. The matter is listed for further consideration on November 23, 2026, with the State required to report on the steps taken to implement the Court's directions.
This judgment underscores the judiciary's role in safeguarding peaceful political expression and ensuring that police authorities act impartially to maintain public order during significant cultural events.
Bottom Line:
Writ petition seeking police protection for peaceful erection and running of a temporary book stall during Durga Puja is not classifiable as Group-I (Land) merely because the site belongs to PWD or a representation was made to the Sub-Divisional Officer; such petition is rightly classifiable as Group-IX (Police inaction). Where others are allowed to erect stalls, police authorities cannot prevent petitioner organization alone and must maintain peace and provide protection.
Statutory provision(s):
Constitution of India, 1950 Article 226; West Bengal Highways Act, 1964 (referred to but no specific ruling on applicability)
Communist Party of India (Marxist) v. State of West Bengal, (Calcutta) : Law Finder Doc Id # 2998826
