The Bengal Government suffered yet another judicial discomfiture with the Calcutta High on Tuesday throwing out an administrative order issued by the Kolkata Police prohibiting a public fête --- christened Droh Carnival organized by the senior doctors and a section of the civil society.
The Droh Carnival or Carnival of Revolt --- coinciding with the much touted Durga Puja Carnival a pet scheme of Chief Minister Mamata Banerjee involving a parade of Durga idols down the historic Red Road --- was called in support of a 10-point demand including the demand for justice for the victim of Kolkata doctor rape and murder case.
"The Bench of Justice Ravi Kapoor has thrown out the imposition of Section 163 of the BNSS --- formerly Section 144 of CrPC --- saying the prohibitive order is incongruous with the constitutional right to freedom … the right to take out peaceful rallies and celebrations cannot be abridged, the Court has iterated … this order breaks and dissolves all the arrogance of this Government … and if still they are not taking any lesson out of this and continue to act in an undemocratic manner then this means they are on their way out," said senior advocate and Rajya Sabha MP Bikash Ranjan Bhattacharya.
"The police had imposed Section 163 in anticipation of some mischief in the Durga Puja Carnival which is an yearly event attended among others by foreign dignitaries … this Carnival adds flavor to the Durga Pujas which has been included in the world heritage list of the UNESCO … if the High Court has in its wisdom thought that both the programmes can go side by side then so be it … the Government will definitely abide by that," said senior TMC leader Kunal Ghosh.
The Bengal government has been holding the Durga Puja Carnival since 2016 --- much in line of the Independence Day Parade in Delhi --- to mark the culmination of the State's biggest festival with about 100 Durga Puja committees participating in the fete parading down the Red Road Durga idols along with their respective themes.
Earlier apprehending disturbance Kolkata Police Commissioner Manoj Verma in exercise of his magisterial powers issued an order that read "there is a strong possibility of people not being able to attend the Durga Puja Carnival.
In view of this, Section 163 of Bharatiya Nagarik Suraksha Sanhita (BNSS) (Power to issue order in urgent cases of nuisance or apprehended danger) has been implemented for one day in the areas around Red Road."
Moments after the High Court order thousands of people including doctors and the members of civil society playing drums and flutes and blowing conch shells, ululating and raising slogans of justice spilled on to the Rani Rashmoni Avenue barely two hundred meters away from the Durga Puja Carnival.
"We have never heard of similar protest in history of India post Independence … perhaps it is first major such protest after the one in 1905-06 against the Partition of Bengal," said Dr Subarna Goswami one of the senior doctors leading the movement.
Meanwhile, the indefinite fast held by the junior doctors at the Rani Rashmoni Avenue entered its 11th day on Tuesday with two more doctors joining the fast.
"There is no need of imposing prohibitive orders and other such paraphernalia … instead of that the Government should concede to the 10 point demand that includes foolproof security measures, removal of the Health Secretary, installation of CCTV cameras, restrooms for on duty doctors, centralized referral system with real time monitoring and last but not list giving a specific date for college elections so that the syndicate and mafia raj in the medical colleges which is the main source of all anomalies including the incidents of sexual harassment, rape etc," said Debashis Haldar a junior doctor.
