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SC on Rath Yatra: Fear of violence is not unfounded

Tells BJP to give revised schedule to Bengal govt.

New Delhi: The BJP’s grand plan to hold a rath yatra in Trinamul Congress-ruled West Bengal received a jolt with the Supreme Court on Tuesday asking the saffron party’s state unit to submit a revised schedule of its proposed yatra with the authorities, and seek necessary approvals. The West Bengal unit of the BJP had approached the Supreme Court seeking permission for the rallies and public meetings, which would cover all 42 parliamentary constituencies in the state ahead of the 2019 Lok Sabha elections.

A bench headed by Chief Justice Ranjan Gogoi asked the BJP’s West Bengal unit to submit a revised schedule of its proposed rath yatra with the state authorities and seek the necessary approvals. The court also asked the state government to allow the proposed public meetings and rallies of the BJP under its “Ganatantra Bachao Yatra”.

The bench, which also comprised Justices L.N. Rao and S.K. Kaul, asked the state government to consider the revised schedule of the BJP for the rathyatra keeping in mind the fundamental right of speech and expression guaranteed under the Constitution.

The bench said the apprehension of the state government of a possible law and order situation cannot be called “unfounded” and the BJP would have to take all possible steps to address this fear in a reasonable manner. The court had earlier sought the state government’s response on the BJP’s plea seeking permission to take out the rathyatra in the state.

“It is for the state government to maintain law and order in the state and the apprehensions expressed in the order will have to be addressed by the petitioner in a reasonable manner,” said the bench.

The BJP’s West Bengal unit had challenged the December 21 order of a division bench of the Calcutta high court which had set aside the order of a single-judge bench allowing the yatra. It had also asked the BJP state unit to give a revised plan for its “save democracy rally” for consideration by the state government.

Sources said the BJP could curtail its earlier 40-day programme to a 20-day one, and the fresh yatras could start from Baharampur in Murshidabad district, Diamond Harbour in South 24-Parganas, Medinipur and the Lok Sabha constituency of Kolkata North. This decision, the sources said, was taken in view of the coming school board examinations and the general election.

Under the earlier schedule, the rallies were supposed to be flagged off by BJP president Amit Shah from Cooch Behar district on December 7, Kakdwip in South 24-Parganas on December 9 and from Tarapith temple in Birbhum on December 14.

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