Calcutta High Court Allows BJP Rally Outside CESC Office Over Alleged Increase In Electricity Prices, Limits Attendance To 1,000 Protestors

The Calcutta High Court has allowed a protest by the supporters of the Bharatiya Janata Party (BJP) outside the offices of the Calcutta Electricity Supply Corporation (CESC) at Victoria House in Kolkata over the alleged increase in electricity prices. The protestors had approached the court for permission to hold the rally after the Kolkata Police declined to allow the same.

A single bench of Justice Rajarshi Bharadwaj allowed the protest rally while laying down certain conditions and limiting the attendance to a maximum of 1,000 protestors. The Court took judicial notice of the fact that such protests held by other political parties at the very same venue had been allowed by the police and reiterated earlier decisions that there shall be a level playing field for all political parties in the state.

Billwadal Bhattacharya, counsel for the petitioner submitted that the party members of the Bharatiya Janata Party, West Bengal wanted to organize the rally from 6, Muralidhar Sen Lane, Kolkata- 700073 to Victoria House (CESC office building) and stage a dharna in front of Victoria House to demonstrate against the hike in electricity prices.

It was stated that an application to that effect was made to all the concerned police stations as well as to the Joint Commissioner of Police (HQ), Kolkata, but no permission had been granted by the authorities. 

Senior Standing counsel Amitesh Banerjee appearing for the State submitted that as there is no price hike in the electricity charges by CESC, the question of any demonstration for the hike in the electricity prices did not arise. He further submitted that the rally and demonstration from 12:00 noon to 6:00 p.m. would cause unnecessary harassment to the public since Victoria House was situated in the heart of Kolkata and in a densely populated area.

He alternatively suggested that the rally may be held on a non-working day in a shorter route and instead of dharna to be held in front of Victoria House, it may be held in any other place or at any channel adjacent to Victoria House which would safeguard the interest of the public.

However, the Court held that protests were being held at Victoria House by members of other political parties and thus allowed the plea, setting certain guidelines.

Citation: 2024 LiveLaw (Cal) 168

Case: Tamoghna Ghosh Vs. The State of West Bengal & Ors

Case No: WPA 18328 of 2024

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