State Appears To Have Pre-Decided Computer Fed Negation: Calcutta HC Criticizes Police For Unjustified Denial Of Permission For BJP Rally
The Calcutta High Court rebuked the Kolkata Police for denying permission twice for a Bharatiya Janata Party (BJP) rally in Kolkata without providing any apparent reason, relying on computer-generated responses.
The Court was informed that BJP General Secretary, Jagannath Chattopadhyay (petitioner), initially sought permission on October 18 for a rally scheduled on November 28 but received an auto-generated rejection email the next day. Subsequently, he reapplied to the Joint Commissioner of Police (Headquarters) for a rally on November 29, only to receive a similar email denying permission.
A Bench of Justice Rajasekhar Mantha said, “There is clear non-application of mind on the part of the authorities. It also appears that the authorities have a pre-decided computer fed negation to any request from the petitioners. This cannot be accepted in law.”
Advocate Soumya Majumder appeared for the Petitioner and Advocate Amal Kumar Sen appeared for the State.
The Court expressed concern that the auto-generated emails sent to the BJP General Secretary, Jagannath Chattopadhyay (petitioner), cited a lack of timely permission application for denying approval for the rally. However, the Court determined that the applications were submitted well within the stipulated two-week timeframe for granting such permissions.
It remarked, " This Court is unable to appreciate as to why a mechanical computer generated reply in this form is given by the respondent despite the applications 3 having been made within two weeks before the proposed date of the rally. Such two weeks’ notice as a requirement has been confirmed by the official of the State present in Court.”
After hearing arguments from both sides, the Court granted Chattopadhyay's plea to conduct the rally, scheduled for November 29 at a location where the ruling Trinamool Congress (TMC) traditionally holds its annual July 21 rally.
The Court directed the State authorities to clarify by November 22 whether they intended to impose any reasonable restrictions on the event.
Cause Title: Jagannath Chattopadhyay v. State of West Bengal & Ors.
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