High Court sets aside prohibitory orders, permits ‘Droher Carnival’

Kolkata: Calling it “draconian”, the Calcutta High Court on Tuesday set aside the prohibitory order imposed by the Kolkata Police and allowed the protesting doctors to hold the ‘Droher Carnival’ at Rani Rashmoni Road.

While setting aside the prohibitory order under Section 163 of BNSS (equivalent of Section 144 CrPC), the bench of Justice Ravi Krishan Kapur observed: “The width and draconian nature of the impugned order goes to the root of arbitrariness and makes it unsustainable.”

The court observed there is a sufficient distance between the two venues (Red Road and Rani Rashmoni Road) and the fact that the State cannot maintain the law and order if two separate Carnivals are being conducted is “bereft of any cogent or satisfactory reason”.

The court directed the state to put barricades and/or guard rails between Rani Rashmoni Avenue and Red Road to prevent any breach of peace. The police were asked to make necessary arrangements for security with a required number of police personnel. The organizers of the rally were requested to have a sufficient number of volunteers. After the court’s order, police started removing roadblocks and iron guard rails around Rani Rashmoni Avenue where the protesters were seen gathering. However, the situation turned tense when Deputy Commissioner (DC), of Central division, Indira Mukherjee reached the Esplanade area near the protest site to control the traffic movement. It was alleged that Mukherjee and other police officers tried to stop the doctors and common people from forming a human chain in support of the protest.

Meanwhile, several noted actors and social activists such as Ushashi Chakraborty, Debolina Dutta and Aparna Sen visited the protest site to show solidarity with the protesting doctors.