Calcutta High Court restrains TMC's August 5 programme to gherao homes of BJP leaders

The Calcutta High Court on Monday restrained the ruling Trinamool Congress's August 5 programme to gherao homes of BJP leaders in West Bengal. Petitioner Suvendu Adhikari, the leader of the opposition in the West Bengal assembly, claimed that TMC national general secretary Abhishek Banerjee called for the gherao at the party's martyrs' day rally here on July 21.

"The respondents and all concerned are restrained from any such protest or gheraoing or blocking of traffic, inconveniencing the general public on August 5," a division bench presided by Chief Justice TS Sivagnanam directed.

Asked by the court whether permission has been given for the programme, the state Advocate General S N Mookherjee replied in the negative, submitting that only a statement has been made in this regard at the rally.


Questioning the maintainability of the petition as a PIL, the advocate general claimed the general public will not be affected because of it.

At this, the Chief Justice said that the bottom line is that the state is not concerned about the public and the office-goers.

"Might is right," the Chief Justice observed verbally, asking the advocate general whether a statement like this coming from a person holding high constitutional office should be brushed aside.

Abhishek, the TMC's Diamond Harbour MP, called for a gherao of houses of all BJP leaders to press the demand for the release of funds due to West Bengal by the Centre. Chief Minister Mamata Banerjee, however, said at the same rally that the protest should be held 100 metres away from their residences so that no one can say he has been restrained.

Claiming that the protest was commanded by Abhishek and affirmed by the chief minister, Adhikari prayed that no action or rally announced by Abhishek Banerjee be permitted to take place.

Senior advocate Paramjit Patwalia, appearing for the petitioner through the virtual mode, claimed that it will create a serious law and order problem.

The court directed the respondents to file affidavits in support of their contention against the PIL by Adhikari within 10 days and said that the matter will be heard again after two weeks.

The lawyer appearing for Abhishek said that the gherao will be symbolic and would have been held 100 metres away from the homes of the BJP leaders, without creating any hindrances to public order.