Kolkata, 10 September (H.S.) : The legal dispute over the proposed Trinamool Congress rally in Mahesh, Hooghly, reached the division bench of the Calcutta High Court on Thursday after the state government challenged part of an order passed by a single bench allowing the programme subject to certain conditions.

Justice Saugata Bhattacharyya’s single bench had permitted the Kalighat faction of the Trinamool Congress to hold the rally on Friday at the Jagannath Dev Snanpindi Maidan in Mahesh, Srirampore. Former West Bengal Chief Minister Mamata Banerjee is scheduled to attend the programme.

The state government has not opposed the rally itself but has raised objections over the use of the proposed venue, stating that the ground is privately owned. Additional Advocate General Bilwadal Bhattacharyya drew the attention of Chief Justice Ravindra V. Ghuge and Justice Tapabrata Chakraborty to the issue before the division bench.

The state argued that if the owner of the land refuses to allow its use for a political programme, the police cannot compel the person to make the ground available. It further submitted that the ground is generally used for religious and cultural activities and that police cannot force a private owner to permit a political gathering there.

The state has sought modification of the relevant portion of the single-bench order so that the police are not held responsible for securing the use of private property. Alternatively, it has sought permission for the programme to be shifted to another venue.

The owners of the ground also approached the court, stating that the property is used for religious and cultural purposes, including during the Mahesh Rath festival. They said they were not willing to allow the ground to be used for the proposed political programme at present.

The Chief Justice observed that the concerns of ordinary people should be kept in mind before holding a political programme. He said that a venue should be chosen in a manner that does not cause inconvenience to the public and asked the state to come back with an alternative venue.

Earlier, the single bench had allowed the rally subject to several conditions. The programme can be held at the Jagannath Dev Snanpindi Maidan between 1 p.m. and 3 p.m., with a maximum attendance of 2,000 people.

The court also directed that no provocative statement should be made during the programme that could hurt religious sentiments. The state government has been instructed to deploy adequate police personnel to prevent any untoward incident.

The Kalighat Trinamool has also been directed to submit to the police, by 8 p.m. on Thursday, a list of its volunteers along with their phone numbers. The division bench is scheduled to hear the state’s plea later on Thursday.

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Hindusthan Samachar / Satya Prakash Singh