High Court division bench sets aside single bench order on CPM book stall in Bongaon

The Calcutta High Court division bench led by Chief Justice T.S. Sivagnanam set aside a single bench order that had allowed a CPM book stall in Bongaon. During the hearing, Chief Justice Ravindra V. Ghuge asked if CPM had taken permission for the stall, and the CPM lawyer replied that state permission was not taken, though the SDO was informed and around one hundred stalls set up there every year without permission. The court noted that a law cannot be ignored just because it has not been enforced for forty years, and made it clear that rules apply to everyone equally.

Further Directions

Beyond the CPM stall, the court directed police to check if Hindu Jagran Manch had permission to set up their book stalls, ordering necessary steps to remove stalls that lack proper permits. The legal battle began after police denied permission for CPM book stalls during Durga Puja in Bongaon and Naihati. Justice Saugata Bhattacharyya of the single bench had earlier permitted the Bongaon stall on Thursday, stating that the law is equal for all. The state government challenged this decision in the division bench, leading to the Friday ruling. The next hearing for the case is scheduled for January 21, while reports emerged on Friday of CPM stalls being vandalized across the state, including an incident in Entally, Kolkata where Kamardanga Sadar Durgotsab Samiti objected to stall construction.

Context

Courts frequently examine whether public bodies and political groups follow mandatory permit processes for temporary events and stalls on public land. Such legal disputes often balance long-standing local traditions against strict enforcement of municipal and police regulations. Judicial reviews aim to ensure that rules regarding public space and permissions are applied without political bias.