Calcutta HC refuses to pass order on rally near state secretariat on first anniversary of RG Kar rape-murder

Kolkata: The Calcutta High Court on Thursday did not pass any interim order in a petition against a proposed protest rally near the West Bengal state secretariat 'Nabanna' on August 9.

On this day last year, the body of an on-duty doctor was found raped and murdered inside the state-run R G Kar Medical College and Hospital in Kolkata, sparking outrage nationwide.

The court observed that the persons participating in the rally should protest peacefully as law-abiding citizens and not cause any harm to the police or government authorities, buildings and public properties.

While not granting any interim relief as prayed for against the rally, a division bench presided by Justice Sujoy Paul said it will be open for the West Bengal government to implement a prohibitory order imposed in the area near Nabanna and inform the organisers about adequate alternative places for protest.

The Kolkata Police arrested one person, and the CBI, which took over the investigation on a Calcutta High Court order, also made him the sole accused in the RG Kat rape-murder case. The trial court on January 20 sentenced the accused Sanjay Roy to life imprisonment till death. The central agency is continuing its investigation into the alleged conspiracy angle of the case.

The court on Thursday noted that Article 51A (i) of the Constitution contemplates that it is the duty of every citizen to "Safeguard public property and to abjure violence.

The bench, also comprising Justice Smita Das De, directed that the state file a report, if any, in four weeks and the reply affidavit by the petitioner in 15 days therefrom. The court directed that the matter will come up for hearing again thereafter.

The petitioner, a resident of Howrah city, sought issuance of an order prohibiting the state from allowing any rally or demonstration in the surrounding areas of the state secretariat.

He also prayed that a direction be issued to the government for framing proper guidelines for ensuring public peace, safety and convenience during any such protest.

The petitioner's lawyer submitted that following the gruesome crime at R G Kar hospital, a rally took place last year near Nabanna which created chaos and untoward incidents had taken place.

Claiming that the protest is being projected on social media in the name of "Parents of RG Kar Student victim", the petitioner prayed that such a protest be prohibited by issuing an interim order.

Appearing for the state, Advocate General Kishore Dutta argued that last year's protest march over the issue took an ugly shape and about 47 police personnel were injured.

The AG also stated that government properties were destroyed and in this backdrop, it is better if the protest takes place in an alternative place in Howrah city and suggested three other locations - Mandirtala bus station, Howrah Maidan and under Bankim Setu flyover.

During the course of hearing, both the petitioner and the state submitted that although the right to protest is a fundamental right under the Constitution, there must be some balancing of fundamental rights.

The court noted that the Howrah police commissioner has invoked prohibitory orders under section 163 of Bhartiya Nagarik Suraksha Sanhita (BNSS).

"In our opinion, the government is best suited to take care of law and order situation," the bench observed.