Prohibitory order: HC seeks clarification from state

Kolkata: The Calcutta High Court has questioned the state government’s stance on a recent prohibitory order and sought clarification on whether it can be withdrawn.

The court warned that if the order remains, Durga Puja celebrations in the affected areas need to be stopped.

On September 25, The Commissioner of Police (CP), Kolkata, Manoj Kumar Verma issued a notification under Section 163 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), prohibiting any unlawful assembly of five or more persons for 60 days, from September 25 to November 23, citing potential violent demonstrations. The order covered certain areas under Bowbazar, Hare Street police station and Headquarters Traffic Guard.

Left-wing student organisations, SFI and DYFI, along with an association of junior doctors, challenged the order, arguing it would prevent them from organising planned protest rallies. They sought court directions for the police to grant permission for their programmes. During the hearing, the state counsel clarified that the prohibitory orders apply only to a small area of about 50 to 60 square metres between K C Das Sweets and Victoria House in Esplanade and are issued every six months from November 2023.

The lawyer for the Left Front petitioner, Bikash Ranjan Bhattacharya, sought permission to organise a protest rally from College Square to Dharmatala via Bowbazar.

Upon hearing the arguments, Justice Rajarshi Bharadwaj noted that many Durga Pujas are held in the areas under those three police stations mentioned in the notification. The court asked the state counsel if the prohibitory notification could be withdrawn, warning that if not, all Pujas in those areas would have to be stopped. The matter will be heard again on Monday, when the state government is expected to present its stance on the rally’s permission.