BJPs Proposed Rath Yatra In West Bengal: Plea In Calcutta High Court Cites Law & Order Issues, Seeks… – Live Law – Indian Legal News

Kolkata News

A plea has been moved before the Calcutta High Court against Bharatiya Janata Party (BJP)‘s proposed ‘Rath Yatra’ in poll-bound West Bengal.

The Plea filed by Rama Prasad Sarkar, a lawyer by profession, seeks High Court’s intervention to prevent BJP from holding the “Rath Yatras”

The plea states that there are high chances of deterioration of Covid-19 pandemic situation as well chances of serious break down of law-and-order situation of the state if the Yatras are allowed to take place.

As per media reports, BJP has sought permission of State Government to hold “Rath Yatra” throughout the state and the same would be commencing from February, 6, 2021.

As reported by the Indian Express, BJP plans to take out 5 such yatras from 5 of its organizational zones in the state, crisscrossing every Assembly constituency in the state.

In this backdrop, the Plea states that in the present situation “gathering of such large number of persons or accumulation of such large number of persons may deteriorate the COVID-19 situation of the state“.

The Plea specifically states,

During ‘Rath Yatra’ the mass will be moving from one place to another covering long distance and therefore it not be possible for the leaders as well to control the mass or monitor the mass at every point of time, which gives a reasonable apprehension in the mind of the petitioner that there are chances of serious break down of the law and order situation.”

The Petitioner has states that he made a representation to the Authorities on 02nd February 2021 requesting the authorities not to grant permission for the proposed “Rath Yatra” but “respondents did not take any steps in the matter”.

Significantly, the plea states that there is high chance of “communal violence”, in case the permission is accrued for the said proposed “Rath Yatra”.

In the name of exercising fundamental rights and freedom of speech and expression, as well as to assemble peaceably, such permission of ‘Rath Yatra’ cannot be granted as there are serious threats to the lives and properties of the common public at large throughout the state“, the plea submits.

In light of all these submissions, the Plea by advocate Rama Prasad Sarkar, states that State Government should deny permission to hold “Rath Yatra” by BJP in the state of West Bengal.

The petitioner prays that the respondent authorities be directed

  • Not to give any permission under any circumstances whatsoever to hold the proposed “Rath Yatra” by the BJP within West Bengal.
  • Not to allow and permit the BJP to organize the five Yatras during the present Covid-19 pandemic situation;
  • To direct the Respondents to take all necessary measures to stop the segments of the Yatras within the state of West Bengal if such “Rath Yatra” is conducted without the appropriate permission of the appropriate authority;
  • To consider the representation made by the petitioner dated 02.02.2021 and not to grant any permission for holding “Rath Yatra” within the state by BJP;
  • Alternatively, if the permission for holding “Rath Yatra” is accorded then appropriate Covid-19 protocol must be ensured by the State respondent authorities.

The matter is likely to be taken up on Friday (05th February 2021).

Source: https://www.livelaw.in/news-updates/bjps-proposed-rath-yatra-in-west-bengal-plea-in-calcutta-high-court-cites-law-order-issues-seeks-direction-to-stop-yatra-169387