Kolkata: A division bench of the Calcutta High Court on Friday stayed a single-judge bench order allowing the CPI(M) to set up a bookstall in Bongaon in North 24 Parganas district, observing that roadside stalls cannot operate without the requisite permission. A division bench comprising Chief Justice Ravindra V Ghuge and Justice Shabbar Rashidi ruled that the party could not set up the stall even with a table and an umbrella.
The bench issued notices to all parties involved and set January 21 for the next hearing.
The stay order was passed in connection with a challenge petition filed by the Bengal government against an order passed on Thursday by Justice Sougata Bhattacharya’s single-judge bench, which had granted permission for the proposed bookstall.
During the hearing, Chief Justice Ghuge asked CPI(M)’s counsel, Shamim Ahmed, whether the party had applied for permission to set up the stall.
“If you have not obtained permission despite applying for it, what are the police supposed to do?” he asked.
Ahmed submitted that applications seeking permission had been made to the Public Works Department (PWD) and the highway authorities, and that the police had also been informed.
Emphasising the need for equal treatment under the law, the Chief Justice said, “Remove all stalls along the roadside. If there is no permission, nobody needs a stall. All are equal in the eyes of law.”
The bench also sought to know where the proposed bookstall was located and whether it encroached on the road.
The petitioner’s counsel said it was situated in front of the CPI(M)’s party office.
Asked whether it was aligned with other stalls or extended onto the road, he claimed that it stood in the same row as the others.
Additional Advocate General Bilwadal Bhattacharya, appearing for the state, told the court that he was unaware whether the other stalls in the area had the necessary permissions.
The Chief Justice said, “The High Court will order their removal. There must be equality before the law. Remove all the stalls.”
During the proceedings, the AAG questioned how a bookstall could be permitted without the necessary authorisation under the law.
Seeking permission, the CPI(M)’s lawyer argued that Durga Puja had begun and only three to four days of the festivities remained. He assured the court that no loudspeaker or microphone would be used.
The counsel further submitted that the party did not intend to erect any temporary marquee and initially sought permission to set up the stall with a table and a canopy.
The AAG questioned whether a political party could make such a request for a bookstall.
The CPI(M)’s counsel subsequently said that even a canopy was unnecessary and urged the court to allow the party to display books on a table under an umbrella in front of its office.
The AAG informed the bench that the officer-in-charge of Bongaon police station was present in the courtroom. He also pointed out that the proposed bookstall site was around six kilometres from the Bangladesh border.
The division bench ultimately declined to permit the stall even in the limited form proposed by the CPI(M), staying the single-judge order and making clear that a table and an umbrella would not be an exception to the requirement for permission.
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