The Calcutta High Court set aside the state’s plea to restrict political rallies to holidays, granting conditional permission for former Chief Minister Mamata Banerjee to lead a protest march over the rape and murder of a minor in Baruipur under the banner of the West Bengal Youth Trinamool Congress from Ballygunge police outpost to Hazra Crossing on Wednesday.
The order was passed by Justice Saugata Bhattacharyya, who allowed the rally within a tightly defined time window—from 2:30 pm to 4:30 pm—and imposed a series of strict conditions. The road must be cleared by 4:30 pm, participation is capped at 1,000 people, and only hand-held microphones will be permitted. The procession has also been directed to move along one side of the road.
The court’s decision came after Kolkata Police denied permission for the rally, citing potential traffic disruption. The Youth TMC had applied for permission via email to the Joint Commissioner of Police (Headquarters) on July 6, but the request was rejected, prompting the organisers to move the court.
During the hearing, the state argued that the proposed route—stretching through a congested area near Shishumangal Hospital—would severely disrupt traffic and inconvenience the public, particularly students and office-goers on a working day. It also contended that the application did not clearly specify the issue being raised and did not qualify as a ‘burning issue’. Additionally, the state pointed to procedural requirements mandating applications to be submitted through the police portal at least 15 days in advance.
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However, the court underscored the constitutional right to protest, observing that citizens cannot be deprived of their democratic rights. Justice Bhattacharyya remarked that while the police may reject applications for rallies near hospitals or schools, in this case, a valid justification for denial was not adequately established.
He also raised concerns about traffic management, noting, “Vehicles cannot fly in the sky; space must be provided for movement,” while questioning how traffic flow would be maintained if one lane were occupied by the rally.
Senior TMC leader and advocate Kalyan Banerjee, appearing for the petitioners, challenged the state’s position by drawing comparisons with opposition rallies. He argued that while the BJP has been allowed to hold processions on working days in central areas, the state was now attempting to restrict such activities to weekends. “Are constitutional rights suspended from Monday to Friday?” he asked.
After reviewing the case, the court noted that the revised route—from Ballygunge to Hazra Crossing—does not pass directly by hospitals or educational institutions, and accordingly granted permission with conditions. The organisers have been directed to submit details of 10 volunteers, including their contact numbers, to the police by 8 pm on Tuesday. The court also prohibited any provocative or inflammatory speeches during the rally and directed police to ensure adequate security and traffic management.
Welcoming the verdict, Kalyan said the order reaffirmed the right to protest and criticised the state government’s approach. He remarked that if the government intends to limit protests to weekends, it should formalise such a policy, adding that it would then be challenged in court.
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