High Court refuses to grant prohibitory order against ‘Nabanna Abhiyan’ on Aug 27

Kolkata: The Calcutta High Court on Friday refused to grant any prohibitory orders sought against the march to Nabanna on August 27 in protest against the rape and murder of a junior doctor at RG Kar Medical College & Hospital.

In its judgement, the Division Bench of Justice Harish Tandon and Justice Hiranmay Bhattacharya said that it took note of the apex court order where it asked the state government to show necessary restraint in the face of peaceful protest conducted by a quarter of civil society. “It shall be ensured that the power of the state is not unleashed on peaceful protestors,” the apex court order directed.

The High Court said: “…We do not think any prohibitory order sought for can be granted in favour of the petitioner. In view of the findings made above, the principal relief claimed, has been declined.”

The judgement further said: “We find another relief is also claimed in the instant public interest litigation pertaining to framing of guidelines ensuring the public peace, safety and convenience regarding any protest rally or demonstration at Nabanna or any place within the state to which we feel the respective respondents should disclose their stand. Let the respondents file their affidavit in opposition within three weeks from date. Reply thereto, if any, shall be filed by the petitioner within a week after. The instant matter is made returnable in four weeks hence.”

The bench was hearing a PIL which claimed that from August 18 and onward there are posts in the social media calling for “Nabanna Abhijan”/ “Nabanna Chalo” under the banner “Paschim Banga Chhatra Samaj” or “Chhatra Samaj”. It was claimed that till date, no one came up seeking permission for it. The PIL said on three occasions such a rally towards Nabanna led to “very chaotic and violent situation” and requested prohibiting the call for protest march in and around Nabanna and, secondly, framing of proper guidelines ensuring public safety, convenience regarding any demonstration at Nabanna or any place within the state.

The advocate general submitted that on that day the UGC NET exam will be held and such a rally will cause inconvenience to students. Further, an order was issued long back under Section 144 CrPC which still continues, extended from time to time, where Nabanna and its adjoining areas were declared high security zones.