Thread by @barandbench

Calcutta High Court bench of Acting Chief Justice TS Sivagnanam and Justice Hiranmay Bhattacharyya is hearing a plea regarding the Ram Navami violence that broke out in some areas in Howrah and Dalkhola districts.

On a previous hearing, the bench had ordered the State to deploy adequate police force in violence affected areas.

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barandbench.com/news/ram-navam…

Counsel representing Suvendu Adhikari, PIL petitioner, seeks to place on record how the two incidents started.

ACJ: We have read in news, it is there everywhere on social media. We want to know from Advocate General as to how best is your (State's) plan to tackle the situation.… twitter.com/i/web/status/1…

ACJ: We learn from the media that Hanuman Jayanthi processions are also going to take place. When I was sitting single, I had an occasion to deal with issue pertaining to Ganesh Chaturthi processions. A detailed SOP was chalked out in that matter. In fact, processions there were… twitter.com/i/web/status/1…

ACJ: But if there is inadequate police force for deploying you can take help of some other forces like Paramilitary etc. Afterall, all that we need to ensure is the safety of citizens.
One of the judges have written a letter to us, which is placed before us by the Registrar.… twitter.com/i/web/status/1…

ACJ: The letter is written by a sessions judge from Rishra area. He has informed that violence started near his residence and he sought help from police but no help was offered. Anti-social elements, he has said are roaming on the streets armed with weapons and explosives.… twitter.com/i/web/status/1…

ACJ: He has said that there is a Lord Hanuman Temple near his residence and these anti-social elements are trying to target the said temple. There is a chance, he said, of spread up communal violence. They aren't getting help from local administration.

#CalcuttaHighCourt… twitter.com/i/web/status/1…

ACJ: Now what happens is all these judges reside in these areas and they have to go to work. You said you have arrested some people and they will have to be brought before the judges for remand etc. Then the surcharge atmosphere will also get into the court complex. Something… twitter.com/i/web/status/1…

ACJ: You can barricade these routes. There can be peace marches of the police to assure the citizens that everything is under control.
Why don't you hold someone, who seeks procession permissions, accountable for any violations in the rally. They just cannot say that someone did… twitter.com/i/web/status/1…

ACJ: You can even designate certain short routes to ensure no one's religious sentiments are hurt. Also, the National Team can always come to help the State Team. If you think there is some shortage of force in State then you can seek help from Central forces.… twitter.com/i/web/status/1…

Counsel for Adhikari informs the bench that internet was being used for spreading rumours to districts nearby Howrah. Violence can spread from one district to others. There is a serious breach of peace in some areas.

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#RamNavamiViolence

ACJ: You have relied on the orders of the senior police officers, which they have recorded to satisfy that section 144 can be imposed.
Question is that how to ensure there is no breach of peace.

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ACJ: It is the duty of the State and you cannot take this as an adversarial litigation. Also, don't give this a political colour. We can anytime discharge the petitioner (Adhikari) and appoint an Amicus in this matter.

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AG: Please give me some hours time so that I can make some phone calls and get instructions.

Adhikari's counsel: Sec 144 was reimposed in Shivpur area, where violence took place.

ACJ: Mr Counsel, that is better. At least police can control the situation.

#CalcuttaHighCourt… twitter.com/i/web/status/1…

ACJ: We note that vehicles weren't allowed yet motorcycles were used in the processions. We believe the police should do barricading in such a manner that the vehicles cannot enter and only people or participants can walk on the roads. A designated route needs to be drawn for… twitter.com/i/web/status/1…

AG: Yes this will ensure people don't enter from anywhere they want.

ACJ: Yes, it will help police to ensure that no one enters from any random lane and start chanting some slogans or elevate the mood. In such a situation, controlling the crowd becomes a bit difficult.… twitter.com/i/web/status/1…

Another counsel points out statements of some political leaders of the ruling party wherein they have blamed the main opposition party - BJP for the violence. Paramilitary forces can be deployed anytime. Pls consider this. It will increase the confidence of the people.
Friday is… twitter.com/i/web/status/1…

Another counsel submits that there is a modus operandi, wherein anti-social elements throw stones from rooftops. This happened even in Howrah incident. It could be a pre-planned thing. The problem is not when the procession is only religious but when it is a… twitter.com/i/web/status/1…

Counsel: some political leaders are making inflammatory statements. She says persons from one particular community are targetting persons of another community, which have links with her political party. Such statements coming from such responsible persons would obviously… twitter.com/i/web/status/1…

ACJ: Alright, we will consider all this. Let the matter be called out after some time.

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Matter is called out again.
Advocate General SN Mookerjee makes submissions on plans of the State to tackle the issue.

AG: We have imposed 27 conditions on those seeking to carry out processions. We will only allow a tableau, which is usually done in Durga Pooja & Ram Navami… twitter.com/i/web/status/1…

AG: The person applying for permission, his organisation would be heard responsible for the breach of any of the 27 conditions. This will ensure accountability from their end.
Now we move to the participants. It should be as per the declaration of the applicant.… twitter.com/i/web/status/1…

AG: The start and end time will be fixed it cannot go beyond the permitted time.
For tomorrow's Hanuman Jayanthi processions over 2k permissions have been sought. Time is too short for us to barricade the routes so we will consider reducing the route and barricade only sensitive… twitter.com/i/web/status/1…

AG: The participants and the applicants will have to ensure that they do not deviate from the route. Their start and end points must be the same and they cannot start from 10 different lanes and end at different points.
They may ask for 7km etc route but we will give discretion… twitter.com/i/web/status/1…

ACJ: Yes that is okay. Permissions need not be given for such longer routes.

AG: There will be volunteers, who will assess the law and order situation. Even during Ram Navami processions, names of volunteers were given to police and they helped ensuring law and order.… twitter.com/i/web/status/1…

AG: Police will cover the rally both from front side and even at the back end.
I would like to say that Ram Navami and Hanuman Jayanthi have not been so common in West Bengal. Durga Pooja and Kali Pooja yes, have been much common. But now from last five years some unknown… twitter.com/i/web/status/1…

AG: We will consider applications only from those who have been applying from last five years.

ACJ: When you introduce this it goes without saying that you can reject the applications.
But given the magnitude of participants, State police force won't be adequate. You can seek… twitter.com/i/web/status/1…

ACJ: Yes, lot of these things are coming up to this State recently like in last five years. Probably an influence from West (India). But once it has come to State it has come to it and will be there. All that we need to ensure is there is no breach of peace.

#CalcuttaHighCourt… twitter.com/i/web/status/1…

A female advocate makes submissions now. She claims to have been hurt by the stones pelted.

Adv: It seems our State's Chief Minister is biased. She has made biased statements against one particular country. Can a CM make such biased statements ?

@MamataOfficial… twitter.com/i/web/status/1…

Adv: She has said, I quote, "It is the month of Moharram, Muslims cannot do anything bad. It is upon you Hindu to ensure that they stay safe. You Hindu should protect them."

What does this statement mean? Can a CM make such biased statements? Why has she divided the State… twitter.com/i/web/status/1…

Adv: Despite your orders there was violence at a railway station near Howrah. I myself got hurt by the stones that were hurled. There were no instructions even to lathi charge the miscreants. They know the truth who those miscreants were.

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Adv: Now, AG said that Ram Navami and Hanuman Jayanthi are recent fashion in our State. Can we say so for a community? If it's a fashion and people are on the streets can we stop them? Can they say that the same rules will apply on processions of Muharram or Eid?… twitter.com/i/web/status/1…

ACJ: Obviously. Nobody has got a right. You are entitled for free movement and if that is going to be hampered, definitely State can put restriction. It will apply on all rallies and processions.

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Adv: I am a peace abiding citizen. I am not doing any drama. I only want peace to be made in the State.
The police is picking up anyone randomly. They are picking up people from the opposition party and even those, who weren't present in the processions.
They are showing clips… twitter.com/i/web/status/1…

Adv: Certain force must be deployed to ensure there is normalcy and people can come back on the street and proudly say Jai Hanumanji Ki.

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Bench now passed orders:
4 police stations have filed reports before us. We will examine its contents on next hearing.
Issue brought before us and having heard the advocates, AG etc we are of the view that certain directions are needed to be issued so that Hanuman Jayanthi, to… twitter.com/i/web/status/1…

We are of the view that more stringent conditions are required to be imposed on those seeking to carry out processions. Police is at liberty to limit the number of participants so that procession is performed with pure religious fervor and with no political affiliations.… twitter.com/i/web/status/1…

Considering the past incidents, which are unpleasant, the police is directed to conduct a route March to reassure the public that they are safe.
In areas where sec 144 is in operation, no rally must be permitted.
More CCTV camera must be installed besides video recording of the… twitter.com/i/web/status/1…

As of now 2k applications have been received for Hanuman Jayanthi processions for tomorrow. The fact that large number of police is deployed in nearly two districts. Therefore, State must requisition para military force from the Central govt.

#CalcuttaHighCourt… twitter.com/i/web/status/1…

The purported scope of this order is to ensure that the public is assured and reassured that they will be safe in their homes and won't be affected by riotous behaviour of miscreants.
As far as the letter of the sessions judge from Rishra is concerned, this aspect needs to be… twitter.com/i/web/status/1…

We hope the State will prevent any untoward incident and the public would not be put to any type of jeopardy. Thus, our orders need to be scrupulously implemented.

It is noted from the record, stones were pelted from roof tops, had the Police intelligence wing been more careful… twitter.com/i/web/status/1…

Considering the sensitivity of the problem, this court directs that 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.

#CalcuttaHighCourt… twitter.com/i/web/status/1…

On a request made by the State, the Central govt must expeditiously deploy force in the State as there is less time in hand.

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Matter to be heard again on Monday.

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