Kolkata: The Calcutta High Court on Tuesday observed that the proposed protest by Adivasi Kurmi Samaj was “illegal and unconstitutional”.
Later, on the same day, the South Eastern Railway (SER) notified that normal train services would be restored as the proposed agitation was withdrawn.
Two PILs — seeking an account of the agitation from September 20 for an indefinite period by an organisation called Adivasi Kurmi Samaj — were heard by the division bench of Chief Justice TS Sivagnanam and Justice Hiranmay Bhattacharyya.
It was stated that the proposed agitation would have a severe impact on the movement of public as well as other activities, particularly in four districts of the state — namely Bankura, Jhargram, Purulia and West Midnapore.
The Kurmi community called for an indefinite ‘Rail Teka-Dagar Chheka’ (rail blockade movement) at eight Railway stations across Jharkhand, Bengal, and Odisha from September 20 for their demand of getting the Kurmi community included in the list of Scheduled Tribes (ST).
The Calcutta High Court had directed the state government to deploy additional forces, including specialised forces and if necessary, forces from the neighbouring states to ensure that the influx of protesters to the core area of the protest is prevented.
While citing the decisions made by other courts, the bench observed: “Having noted the above legal position, all that can be said is that the protest, which has been scheduled to be held from September 20, is illegal and unconstitutional. The said Samaj or the members of the Samaj has no vested right in blocking the roadways and Railways causing inconvenience to several citizens not only confined to the four districts of Bengal but also the three neighbouring states.”
The bench further stated: “Our prima facie view is that the Samaj and its members should not be permitted to hold the public at ransom by calling an indefinite protest commencing from September 20. Having held so, the issue would be how best the situation has to be monitored.”
It was pointed out that similar protests were conducted by the organisation and its members in September 2022 and April 2023. According to a source in South Eastern Railway (SER), the protest in April had resulted in cancellation, diversion and rescheduling of more than 300 trains. In the Court it was pointed out that the Indian Railways had suffered a monetary loss of Rs 60 crore.