Division bench of Calcutta HC send the case back to single bench to consider intelligence inputs by state agencies.
Kolkata: A day after a single-judge bench of the Calcutta High Court allowed BJP to take out its planned ‘rath yatra’ in West Bengal, another bench of the same court set aside the order in a setback to the saffron party.
The division bench comprising Chief Justice Debasish Kargupta and Justice Shampa Sarkar send the case back to the single bench to consider intelligence inputs by state agencies.
The BJP had received a green signal to hold rallies in West Bengal ahead of 2019 Lok Sabha polls from a single-judge bench on Thursday which quashed the state government’s decision to refuse permission for the rallies over apprehensions of communal unrest.
Justice Tapabrata Chakraborty in his order noted that courts can interfere if administrative authorities exercise their discretionary powers in a whimsical manner.
However, the verdict evoked criticism from the ruling Trinamool Congress which filed an appeal before the division bench of the Calcutta High Court seeking an immediate hearing terming the case as a matter of "urgent nature".
The BJP had planned three 'rath yatras' touted as "Save Democracy" rallies -- one from Cooch Behar, in the northern part of the state -- and two others from Kakdwip, in the extreme southern part, and Tarapith temple in Birbhum district.
All the three yatras would cover 42 Lok Sabha constituencies in Bengal – one of the few non-BJP states.