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Synopsis

The Calcutta High Court on Wednesday directed the State government to request the Central government to deploy paramilitary forces for the celebration of Hanuman Jayanti on Thursday i.e. today. The high court also asked the Centre to deploy the forces expeditiously.

The bench of Acting Chief Justice TS Sivagnanam and Justice Hiranmay Bhattacharyya observed, “Prevention is better than cure and therefore, the State police are required to take all steps with the assistance of the paramilitary force or any other central force to prevent any untoward incident so that public is not put to jeopardy".
  
“No person either a political personality or a leader or a common man shall make any statement in public or to the media concerning the festival to be celebrated tomorrow,” the bench further directed.

The bench was hearing a PIL preferred by Suvendu Adhikari, the Opposition Leader of West Bengal and BJP MLA seeking a probe into the violence during the Ram Navami Processions in the state.

The bench, earlier this week, had directed the West Bengal Government to deploy adequate police authorities in affected areas where incidents of violence occurred during the Ram Navami procession, to restore peace and maintain law and order.

During the hearing on Wednesday, the bench asked the State government to mention some steps that should be taken for a peaceful Hanuman Jayanti Procession in the state. The Advocate General of the state submitted before the bench that the state had received over 2000 applications seeking permission for the procession on Hanuman Jayanti.

He further added that the State needs to impose more stringent conditions as during the Ram Navami festival several incidents had occurred in the neighbouring districts of Kolkata. He told that permission for shorter routes will be granted and the government has imposed 27 conditions on those who seek to carry out the Hanuman Jayanti procession.

Further, he submitted that a large number of the police force has been deployed in the affected areas during the Ram Navami violence, in order to avoid any breach of peace. 

He also highlighted that Ram Navami and Hanuman Jayanthi celebrations are not as prevalent in Kolkata/West Bengal and that in the last five years, many organisations have applied for permission to conduct processions.

After this statement, Justice Sivagnanam said that "many of these have only lately emerged, within the last five years but once it arrives in the state, it stays there. We want to make certain that there is no breach of the order."

The bench further stated that the state police should select short routes so that religious sentiments are not harmed, and that if the state is short on police officers, it should call on central forces for assistance.

Significantly, the Court emphasised that the state police should take measures to ensure citizens' safety and that they should feel safe during such festivals.

After hearing all the statements presented before the court, the bench issued the following directions to maintain the peace and balance during Hanuman Jayanti-

• The police authorities are at liberty to restrict the number of participants in the procession so that the procession is taken out with religious flavour without any political affiliations
• They shall ensure proper barricades.
• To prescribe a common route for the procession to proceed to control the crowd.
• The police shall have the discretion to restrict the route considering the past events which took place, which are wholly unpleasant
• Volunteers with identity cards may assist the police force.
• CCTV cameras should be installed throughout the route of the procession.

The bench listed the matter for further hearing on April 10, 2023.            

Case Title: Sri Suvendu Adhikari vs. The State of West Bengal