A division bench of the Calcutta High Court today stayed Justice Amitava Lala’s order, banning rallies and processions in the city between 8 am to 8 pm on weekdays, until further orders.The bench, comprising Justices Ashok Kumar Ganguly and S.P. Talukdar, passed the order in response to an appeal, filed by the West Bengal government, challenging the single bench’s order on September 29. While granting the stay on grounds that ‘‘order of the court cannot restrict or regulate the rights of citizens’’, the bench also advised the state government to pass laws on the basis of consensus to redress the inconvenience caused to people during processions. The court noted that the government shares the anxiety of Justice Lala as far as ‘‘inconvenience caused to citizens during such processions and meetings in the city’’ is concerned. It said it has prima facie found no ‘‘civil contempt in the case’’. As far as ‘‘criminal contempt’’ is concerned, it said: ‘‘The invoking power of the learned Judge is doubtful, as the order issued by Justice Lala infringes upon Fundamental Rights, which can only be restricted or regulated by laws enacted by Parliament or Assembly.’’ The bench directed the government to serve the copy of the paper books to advocates of all sides before November 12.While the bench heard the State Advocate General, a Left Front rally threw traffic out of gear in the city today. Nearly 10,000 members of student and youth organisations of the Front came out on the streets and the police watched in silence. ‘‘We don’t want judges roaming in cars and stopping rallies, infringing on our democratic rights,’’ said state SFI chief Sudipta Sengupta.‘‘We are happy that the division bench has protected the democratic rights.the government will also see to it that the least inconvenience is caused to people,’’ CPI(M) state secretary Anil Biswas said. The Trinamool Congress, while welcoming the stay, said the CPI(M) had intimidated the judges into passing the order.
