Explainer: The fracas around BJP's Rath Yatra in West Bengal

BJP President Amit Shah waves to his party supporters during an election campaign ahead of the state Assembly elections, in Ajmer

The Supreme Court on January 3 agreed to hear BJP’s petition against the Calcutta High Court’s decision, which denied the saffron party clearance to hold rath yatras in West Bengal.

A bench comprising Chief Justice Ranjan Gogoi and Justice SK Kaul has agreed to hear the plea and listed the matter for January 7.

West Bengal BJP vice-president Jay Prakash Majumdar had challenged the December 21 order of the division bench of the Calcutta HC.

With the issue relentlessly undergoing various levels of judicial scrutiny, let’s take a look at what has happened so far:

Timeline of Events

December 6, 2018: One day ahead of the BJP’s Rath Yatra in West Bengal, the Calcutta High Court denies permission to hold the rally, deferring them till January 9, 2019.

December 15, 2018: The TMC government in West Bengal cites intelligence reports warning of possible incidents of communal violence in areas where the saffron party is planning to hold rallies. Hence, they deny permission to hold the Rath Yatra.

December 20, 2018: A single bench of the Calcutta High Court sets aside the notification issued by the ruling Trinamool Congress, granting the state BJP permission to hold the Rath Yatra.

Justice Tapabrata Chakraborty observes that the “threat to public order must be real, not imaginary, or a likely possibility” for denying permission to a public rally. However, he adds conditions — abiding by the traffic order, informing the Superintendent of Police at least 12 hours prior to entering the area — to his order.

Justice Chakraborty notes that since the yatra was not for “unlawful purposes,  it cannot be totally prohibited unless there is an eminent threat of breach of peace”. However, he adds that any loss of life or property will vicariously be the responsibility of the BJP.

December 21, 2018: A division bench of the Calcutta High Court comprising Chief Justice Debasish Kargupta and Justice Shampa Sarkar stays the order of the single bench [Justice Chakraborty], asking them to re-examine the district intelligence reports which outlined the risks of carrying out such a yatra.

The single bench ruling, which allowed the yatra, was challenged by Abhishek Manu Singhvi, also a member of the Congress party.

December 24, 2018: The BJP seeks an urgent hearing in the Supreme Court after the division bench of the Calcutta High Court stays the ruling by the single bench allowing the BJP to take out Rath Yatras in West Bengal.

December 25, 2018: The Supreme Court rejects the BJP's demand for an urgent hearing on the matter.

January 3, 2019: The Supreme Court agrees to hear the matter on January 7.

What is the Rath Yatra?

The BJP was scheduled to flag off a 41-day Rath Yatra-cum-Save Democracy Rally on December 7, 2018 across the 42 Lok Sabha constituencies in West Bengal.

The series of rallies was purported to begin from Cooch Behar and BJP biggies, including party national president Amit Shah, BJP national secretary and Bengal observer Kailash Vijayvargiya, and state president Dilip Ghosh were supposed to start campaigning December 7 onwards.

What is the political significance of the Rath Yatra?

The Rath Yatra seems to be an attempt by the saffron party to make inroads into the eastern state ahead of the Lok Sabha elections, scheduled to happen before May 2019.

Incumbent Chief Minister Mamata Banerjee’s Trinamool Congress (TMC) is the dominating party in West Bengal with 34 seats out of a total of 42 in Lok Sabha. The TMC has been ruling the state for two consecutive terms.

On the other hand, the saffron party won a meagre two seats from the state and are now sparing no efforts to establish a foothold in Bengal.

Heavyweights from both parties engaged in war of words

In their plea to the Supreme Court, the BJP accused the TMC of “trying to snatch voting rights of the people by threatening them and demolishing the democratic rights of the people, which could be seen by the fact that 34 percent of seats in panchayat elections went uncontested”.

The BJP even said the rise of the saffron party was evident in the state, and that “members of the BJP, and other political parties are being killed for showing dissent”, a report by the Indian Express said.

In fact, the Prime Minister’s Office had tweeted, “Our workers are brutally killed in West Bengal, Kerala, Karnataka. Politics of violence has to end. All parties have to reaffirm their commitment to peaceful politics: PM."

In response, an irked Banerjee lashed back at the BJP, saying, “How dare he (Modi) teach us democracy? All democratic rights have been curbed under his government. People's rights have been taken away. Even comments on social networks are under scanner, and phone calls are being tapped."

Now, all attention is on the Supreme Court's hearing on January 7.