Hanuman Jayanti Celebrations: Calcutta High Court Directs State Govt To Seek Assistance Of Para Miltary Forces

The Calcutta High Court today directed the state government to seek assistance from the para-military forces during the Hanuman Jayanti celebrations by making a request in this regard to the Union Home Ministry. The Centre was also asked to deploy the forces expeditiously after state government requests for the same. 

"The assistance of the para-military forces will definitely help the state police in maintaining law and order report form ensuring the general public that their safety and security will be taken care of...Prevention is better than cure. The State Police are required to take all the steps with the assistance of paramilitary force or any other cnetral force to prevent any untoward incidents so that the public is not put in jeopardy" a bench of Acting Chief Justice TS Sivagnanam and Justice Hiranmay Bhattacharyya directed.

The Court also directed that considering the sensitivity of the problem, no person either a political personality or a leader or even a common man shall make any statement in public or to the media, concerning the festival to be celebrated tomorrow. 

The Court passed this order while hearing a PIL plea filed by the Leader of the Opposition in the State Assembly and BJP MLA Suvendu Adhikari. Adhikari had moved the Court after the incidents of violence were reported from Howrah and Dalkhola districts during Ram Navami processions last week.

During the course of the hearing, the bench asked the state government represented by the Advocate General to specify the steps to be taken to avoid any untoward incident during the Hanuman Jayanti to be celebrated tomorrow.

In response to the Court's query, the AG submitted that the state has imposed 27 conditions on those seeking to carry out processions and that the state will allow a tableau for the Hanuman Jayanthi procession.

The AG further submitted that the person/organization applying for permission would be held responsible for the breach of conditions. He further submitted that since over 2000 application seeking permission has been received by the state for tomorrow's Hanuman Jayanthi processions, the state can not barricade all the routes in such a short time, but it will barricade sensitive areas.

The AG also submitted that permission for shorter routes will be granted and that there will be volunteers, who will assess the law and order situation and that the Police will cover the rally both from the front side and even at the back end.

These submissions came against the backdrop of the suggestions put forth by the bench that the state police should do barricading in such a manner that the vehicles cannot enter and only people or participants can walk on the roads and a designated route should be drawn for such processions.

The Court also asserted that the state police should designate short routes so that religious sentiments are not hurt and that if the state has a shortage of police force, it should take the assistance of central forces.

Significantly, the Court also stressed that the state police should take such steps which may ensure the citizens of their safety and that they must feel secure during such festivals. 

The Court also took note of a letter written to the HC Registrar by the Sessions judge from the Rishra area in the state informing that violence started near his residence and he sought help from the police, however, no help was offered to him. In the letter, the Court noted, it was further stated that the Sessions Judge lives near a Lord Hanuman Temple and the anti-social elements are trying to target the said temple. He said he is not getting any help from the local administration.

Against this backdrop, the Court told the AG to take steps in this regard as it observed thus:

"Now what happens is all these judges reside in these districts, and they have to go to work. You said you have arrested some people, then they will have to be brought before the judges for remand. Then what will happen is that the surcharged atmosphere will also get into the court complex as well. Something needs to be done about this. You can barricade these routes. Police can take out peace marches to assure the citizens that they are safe."

The Court also asked the state to not take the matter as adversarial litigation. He also cautioned against giving the matter a political color. 

Importantly, when the AG made a statement before the Court that Ram Navami and Hanuman Jayanthi celebrations have not been so common in Kolkata/West Bengal and that in the last five years and many organizations are also putting in their applications for permission for taking out processions, the Bench interjected and observed thus:

"A lot of these have started coming up recently like in 5 years. Western influence etc. But once it has come to the state, it has come to the state.We want to  ensure that there is no breach of peace."

Further, the Court went ahead to pass the following orders for 'peaceful' celebrations of Hanuman Jayanti:

• Police can limit the number of participants so that the procession is taken out with pure religious fervor and without any political affiliations.
• Police should ensure that at vantage points, barricades are erected and preferably a common route can be prescribed for the procession to proceed so that the police authorities are able to control the crowd.
• Police are directed to conduct a route march to reassure the public that the police are there to ensure that they are safe. 
• In areas where Section 144 CrPC is in operation, no rally must be permitted. 
• Volunteers may assist police but their role must be limited.
• Additional CCTV cameras be installed on the route where the processions are being taken.
• Considering the largeness of the issue and in order to avoid any breach of peace, the Government of the state should requisition assistance of paramilitary force from the central government. 

Citation: 2023 LiveLaw (Cal) 91