Kolkata, Oct 01: The West Bengal government today moved the Calcutta High Court seeking a stay on Justice Amitava Lala's order banning rallies and processions in the metropolis from 8.00 am to 8.00 pm on weekdays. A division bench, comprising Justice Alok Chakraborti and Justice Subro Kamal Mukherjee granted leave to the state to file an appeal, which would be heard as a specially fixed matter tomorrow.
Appearing for the state, advocate general Balai Roy sought leave of the court to file the appeal against Justice Lala's order as the state was not a party in the case and also a certified copy of the order was not yet available. Roy said the order was challenged as it was preventive in nature and not regulatory.
The appeal against Justice Lala's order of September 29 was moved by the chief secretary and home secretary, on behalf of the government of West Bengal.
Justice Lala had passed the order on a suo motu contempt initiated against the Kolkata Police after he was held up on his way to court on September 24 following a massive traffic jam by a rally of over 25,000 tribals here. The judge, who had admonished traffic police officials including Deputy Commissioner of Police (traffic department), directed the police that even on Sundays and public holidays, rallies should be allowed only at three designated venues at Brigade Parade Ground, the Shahid Minar and Rani Rashmoni avenue. Bureau Report