The Calcutta High Court has refused to allow the Trinamool Chhatra Parishad (TMCP), the student wing of the Trinamool Congress (TMC), to hold a rally in Kolkata in support of the ongoing NEET protests at Jantar Mantar. The TMC Solidarity Rally Rejected decision came from Justice Saugata Bhattacharyya, who held that protecting public order currently outweighs the request to organize another large political demonstration.
Court Gives Priority to Public Order
Justice Saugata Bhattacharyya heard the urgent petition during a special Saturday sitting. He upheld the Kolkata Police decision to deny permission for the proposed rally.
The Court observed that existing law and order conditions remain sensitive. Therefore, allowing another large gathering could increase tension and create public safety concerns.
Justice Bhattacharyya stated:
“Balance has to be struck between the right of students to hold a rally vis-à-vis the right of the administration to regulate such programs in the interest of all… Existing circumstances, as appears to this court, do not seem to be absolutely normal. Permitting a student wing to hold a rally may escalate tension.”
The Bench also noted that if the Court granted permission and violence later occurred, the judiciary could face criticism for authorizing the event.
Article 19 Rights Are Subject to Reasonable Restrictions
The High Court acknowledged that Article 19(1)(a) and Article 19(1)(b) protect freedom of speech, expression, and peaceful assembly.
However, the Court clarified that these rights are not absolute. Articles 19(2) and 19(3) allow the State to impose reasonable restrictions to maintain public order and public safety.
The Bench concluded that the police had exercised these powers lawfully under the prevailing circumstances.
Court Questions Need for Separate Political Rally
During the hearing, the Court questioned why TMCP wanted to organize a separate rally when students had already demonstrated in Kolkata a day earlier.
The Bench observed that members of the student wing could have joined the existing public demonstrations instead of conducting an independent political event.
The petitioner suggested imposing strict conditions or changing the rally route. However, the Court rejected that proposal. It held that multiple parallel protests could overburden the police and inconvenience the public.
Police Decision Upheld
After considering the facts, the High Court declined to interfere with the administrative decision taken by Kolkata Police.
As a result, the TMC Solidarity Rally Rejected ruling confirms that courts may prioritize public order over additional political demonstrations when authorities reasonably anticipate security concerns.
