Kolkata, Oct. 16 -- The Calcutta High Court on Friday stayed an order allowing the CPI(M) to set up a temporary book stall near its Bongaon party office during Durga Puja, observing that the party had suppressed material information about not seeking permission to erect the stall on a state highway.
A division bench of Chief Justice Ravindra Vithalrao Ghuge and Justice Md Shabbar Rashidi passed the interim order while hearing the state government's appeal against a single-judge order directing police to facilitate the stall's operation within 100 metre of the proposed location.
The bench noted that the CPI(M) had merely informed the Public Works (Roads) Directorate by email on October 6 about its plan but had not sought specific permission. It observed that the email should have been disclosed before the single judge, as it could have helped determine whether the matter fell under the court's jurisdiction over land disputes or police inaction.
The judges stressed that litigants must disclose all material information while seeking judicial relief and cannot selectively present facts.
The bench also questioned the claim that roadside book stalls during Durga Puja did not require permission merely because the practice had continued for years. It observed that anyone approaching a court for relief must first establish whether the necessary permission had been obtained.
The court directed authorities to ascertain whether another stall erected in front of the CPI(M) office had permission and initiate immediate steps to remove it if permission had neither been sought nor granted.
Issuing notice for final hearing, the bench listed the appeal for January 21, 2027. It said the jurisdictional question and the single judge's observations on political expression would be examined at the final hearing.
Published by HT Digital Content Services with permission from Millennium Post.