High Court of Tripura dismissed the Trinamool Congress plea for direction to the administration to permit them for organizing Padayatra led by Abhishek Banerjee following administration’s prohibatory orders that came into force in the district.
Justice Arindam Lodh had earlier on Monday served notice to the state government. But in the meantime, as the West Tripura district administration imposed restriction on any kind of political movement in the state’s capital till Diwali following the threat of projected third wave of COVID19 and in apprehension of breach of peace, Justice Lodh declined to pass any direction as prayed for to the administration.
In his judgment Justice Lodh said :. “In my opinion, this is a policy decision of the government. The power of this Court is very limited in this regard. Making a policy decision is absolutely within the domain of the executives. The Court cannot invade the power vested upon the legislatures as well as the executives unless and until fundamental right is breached.
The correctness of the reasons which prompted the respondents in making a decision, taking one course of action instead of another, is not a matter of concern in judicial review and the Court will always be reluctant for such investigation. The policy decision, in my considered view, must be left to the government as it alone can decide which policy should be adopted after taking due consideration of various facets, it faces to run the administration in the interest of public. It is entirely upon the government to decide the measures and steps to be taken to maintain the law and order in the State and precautionary measures to be adopted on the eve of threat out of 3rd wave of Covid-19. The Court should not substitute its own judgment for the judgment of the executive in such matters.
In view of this, interference with the policy decision of the State respondents as indicated in the prohibitory order dated 20.09.2021, in my opinion, is unwarranted and thus, this Court cannot pass any direction permitting the petitioners to organize rally as prayed for by them by way of filing the present writ petition. Accordingly, the instant writ petition stands dismissed.”
The government notification said prohibitory order had already come into effect from 6 am of September 21 and it would be in force till midnight of November 4, next.
“….. it is also reported that supporters of political parties may try to commit mischief and any kind of further violence at Agartala city may result in sporadic clashes between political groups and may seriously affect the law and order situation,” the order reads.
The order also said that any kind of political meeting/ procession/ public gathering by any political party at present may deteriorate the law and order situation in Sadar police sub-division (under East and West Agartala police stations) and the situation may worsen if not controlled right now.
As per the order undersigned by District Magistrate and Collector, West Tripura- Rajib Dutta, if any person violated the prohibitory measures, action will be taken under section 188 of IPC and as per provisions of the Disaster Management Act- 2005.
However, TMC leader Subal Bhowmik told the media that the party would definitely organize the Padayatra in a peaceful manner and by maintaining the Covid protocols on September 22 next. He said that thousands of people from across the state would take part in the event in presence of All India Trinamool Congress general secretary- Abhishek Banerjee.
