Calcutta High Court Dismisses Plea Against BJP's 'Parivartan Rath Yatras'

The Bench of Justice Rajesh Bindal and Justice Aniruddha Roy was hearing the plea of one Rama Prasad Sarkar, a lawyer by profession, seeking High Court's intervention to prevent BJP from holding the "Rath Yatras" in the state.

Arguments put forth

Additional Solicitor General of India, Mr Y.J. Dastoor raised a preliminary objection regarding maintainability of the writ petition in public interest with reference to locus of the petitioner.

He referred to the representation dated February 02, 2021 filed by the petitioner to various authorities raising his grievance.

He argued that apparently after submission of the representation dated February 02, 2021 the petitioner did not even afford an opportunity to the authorities concerned to consider the same.

He also contended that the Petitioner identified himself as an advocate, member of the Calcutta High Court Trinamul Law Cell and so the writ petition has not been filed in public interest rather it is politically motivated, hence, should not be entertained.

Interestingly, the counsel for the petitioner raised objection regarding appearance of Mr. Dastoor as the Additional Solicitor General of India in the present case.

To this, Additional Solicitor General pointed out that he was served with a copy of the writ petition and that Union of India was impleaded as respondent No.1 in the writ petition, hence he has a right to put in appearance on its behalf.

Court's observations

Noting that when the writ petition was filed in this court, the representation filed by the petitioner may not have even been received by the addressees therein, even if sent by the petitioner the Court remarked

"It is clearly established that the present writ petition has been filed by none else than a practicing advocate in this court, who is a member of the Calcutta High Court Trinamul Law Cell, the political party in power at present in the State of West Bengal."

Importantly, the Court said,

"Filing of a writ petition by an advocate, who is directly connected with a political party in power raising issues against other political party during election time cannot be said to be in larger public interest. It can be said to be a private interest litigation."

Lastly, the Court observed that it is for the authorities in the State to have considered the issues. The Court also noted that number of political rallies are being held at different places in the State.

Stating that the present writ petition cannot be entertained as a public interest litigation, the same was, accordingly, dismissed.

Background of the Plea

The plea stated that there are high chances of deterioration of Covid-19 pandemic situation as well chances of serious break down of law-and-order situation of the state if the Yatras are allowed to take place.

As per media reports, BJP has sought permission of State Government to hold "Rath Yatra" throughout the state and the same would be commencing from February, 6, 2021.

As reported by the Indian Express, BJP plans to take out 5 such yatras from 5 of its organizational zones in the state, crisscrossing every Assembly constituency in the state.

Case title - Ramaprasad Sarkar v. Union of India and others [WPA (P) 53 of 2021]