'This Is Going Beyond Limits': Calcutta High Court Restrains TMC's Planned “Gherao” Of BJP Leaders’ Residence

The Calcutta High Court on Monday passed an interim order in a plea by BJP Leader of Opposition Suvendu Adhikari, restraining TMC leader Abhishek Banerjee, among other functionaries, from carrying out a pre-planned “gherao” of the residences of all BJP leaders in West Bengal.

In categorising such gatherings as detrimental to public interest, a bench of Chief Justice TS Sivagnanam and Justice Hiranmay Bhattacharya remarked:

The bottom line is you are not concerned about public or office goers…If suppose 1000/2000 people gherao, do you mean to say that only that person and no one else will be affected? The State has to interfere…if suppose someone says they want to gherao the High Court premises…will the state not take cognizance? We will direct that such a program cannot happen. This is going beyond limits. Such action by anyone is against public interest.”

It was argued by the petitioners, represented by Senior Advocate Paramjit Patwalia, that such incendiary remarks were made during a rally on the 21^st of July, and if the ‘gherao’ on 5^th of August would be allowed to go ahead, then it would cause a law-and-order situation in the State, which would be an alleged “recipe for disaster in 341 places.”

It was argued by Advocate General SN Mookherjee, that the statement was merely a declaration, and that the State had not given permission for any such gherao to take place. It was further argued that the writ petition itself was not maintainable in the first place.

Counsel for the private respondents argued that the statement was being mischaracterised, and that the respondents had taken adequate care to issue statements regarding the modalities of the gherao, which would include allowing safe passage to senior citizens and school-going children. However, it was admitted that the political leaders would not be allowed to leave their homes between 10 am - 6 pm due to the “gherao.”

In passing interim orders on the prima facie case made out by the petitioners, the Court directed the parties to file their affidavits, and kept the point on maintainability of the writ petition open. It was held:

The private respondents and all concerned are restrained from holding such protest in any manner inconveniencing the general public on the 5th of August. Affidavits are directed to be filed. We are not here to believe the stand that the rally will not cause public hindrance. In fact, when a rally was taken out last Friday [21^st July], the entire court proceedings had come to a standstill and we had no work beyond 11:30am. Question of maintainability left open.”

Case: Suvendu Adhikari and Anr. Vs State of West Bengal And Ors WPA(P)/398/2023

Coram: Chief Justice TS Sivagnanam and Justice Hiranmay Bhattacharya