Calcutta High Court Allows Protesting Teachers To Continue Agitation In Central Park, Backs Right To Protest Without Public Inconvenience
Justice Tirthankar Ghosh, while issuing the order, emphasized that the teachers could continue their protest, but in a more suitable location.
Calcutta: The Calcutta High Court on Friday allowed protesting schoolteachers—who have been holding a sit-in outside Bikash Bhavan in Salt Lake—to continue their agitation but asked them to transfer the venue to the nearby Central Park, about 200 metres away.
This direction came to ensure that daily commuters and office-goers are not inconvenienced by the road blockade caused by the protest.
The protest is being held by ‘Jogya Sikkhok-Sikkhika Adhikar Mancha (2016 SLST)’, a platform representing candidates who cleared the 2016 State Level Selection Test (SLST) but are still waiting for appointments.
Justice Tirthankar Ghosh, while issuing the order, emphasized that the teachers could continue their protest, but in a more suitable location.
“The agitators of ‘Jogya Sikkhok-Sikkhika Adhikar Mancha (2016 SLST)’, (a platform representing the teachers), if they intend to continue their agitation/protest, they would continue the same at the Central Park, tending towards the opposite side of Bikash Bhavan. It is further directed that on a rotational basis, 200 members at a time would be present at the place of agitation,” the written order stated.
The Judge made it clear that only 200 protesters would be allowed to gather at a time on a rotational basis. He also ordered that the police must not take any coercive steps against the protesters without further court direction.
“However, the police authorities will not take any coercive steps against any accused… till further orders of this court,” the order stated.
The court’s order was in response to a submission by the deputy commissioner of police, detective department, Bidhannagar, who had complained that the ongoing protest was causing serious problems for commuters.
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The court also addressed the issue of politicians visiting the site and allegedly inciting the protesters, as claimed by state government’s counsel Kalyan Bandyopadhyay. The court advised that any outsiders or sympathisers visiting the protest site should be reported to the police, and their presence should be mutually decided by both the police and the protesting teachers.
“If any outsider goes to the protest site to sympathise with the teachers, this should be communicated to the police at the site,” the order said.
“It should be mutually decided by the police and the teachers if such individuals will be allowed at the site,” it added.
The court also directed the police and administration to treat the protesters with compassion and respect their health and dignity under the extreme summer heat. The municipality has been asked to provide drinking water and bio-toilets, and the administration may also install temporary sheds to offer some protection from the sun.
“In view of the issues relating to protest, the State is directed to treat the petitioners/agitators with a human face, and to that extent, if it is possible, the concerned administration would see to it that a temporary structure is made available to the agitating members so that the scorching heat does not affect the health of the individuals concerned. The municipality would arrange for drinking water facilities and bio-toilets,” the order stated.
To maintain coordination and prevent confusion, the court asked the teacher’s group to provide the names of 10 representatives to the assistant commissioner of police (North), Bidhannagar Police Commissionerate for regular communication.
“Furnish the names of 10 members to the assistant commissioner of police, North, Bidhannagar Police Commissionerate in the course of the day for the purpose of regular communication and correspondence,” the court said.
One of the protesting teachers, Sangita Saha, argued that their sit-in outside Bikash Bhavan was not causing any disturbance.
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However, the court disagreed.
“The place where you are sitting is causing inconvenience to the general public. Who allotted you the place outside Bikash Bhavan?… I am concerned with the inconvenience that common people and office-goers are facing. You have been staging your sit-in for the past 16-17 days, keep doing that, but shift… to the other side, towards Central Park,” the judge stated.
The court also addressed the violence that took place on May 15, when teachers allegedly stormed Bikash Bhavan, leading to FIRs being filed against 15 protesters. The judge said the police should go slow on those cases for now and not take harsh action.
“The court directed the police to ‘go slow’ on the 15 protesters against whom FIRs have been drawn up following the violence on May 15 when the teachers stormed Bikash Bhavan.”
