Calcutta High Court Allows TMC’s Shahid Diwas Rally on July 21 at Cathedral Road with Strict Conditions

July 15, 2026 : The Calcutta High Court on Wednesday directed the Kolkata Police to grant permission to the All India Trinamool Congress (AITC) to hold its Shahid Diwas (Martyrs’ Day) rally on July 21 at Cathedral Road near Birla Planetarium, while imposing stringent conditions to ensure public safety, law and order, and smooth traffic movement.

Justice Saugata Bhattacharya passed the order while disposing of a writ petition filed by AITC Rajya Sabha MP Derek O’Brien, who had challenged the police’s refusal to permit the political gathering. The Court directed that the rally should begin at 12:00 pm and conclude by 3:30 pm, with attendance restricted to a maximum of 3,000 participants.

To ensure accountability, the Court ordered O’Brien and 20 designated volunteers to submit their names, contact details and mobile numbers to the Joint Commissioner of Police by 4:00 pm on July 18. The organisers were also directed to work closely with the police and ensure full compliance with all conditions imposed by the Court.

Recognising that three political events are scheduled in Kolkata on the same day, the Court instructed the Kolkata Police to deploy adequate security personnel for crowd control and maintenance of public order. It also directed that one side of Cathedral Road must remain open throughout the event to allow uninterrupted vehicular movement, with both the organisers and the police responsible for implementing the traffic management plan.

The Court clarified that it had not examined the legality of the State government’s June 30 notification, which imposed restrictions on public meetings, rallies and assemblies in several parts of Kolkata between July 2 and August 30. The constitutional challenge to that notification remains pending, and a detailed order in the present case is awaited.

During the hearing, Senior Advocate Kalyan Banerjee, appearing for Derek O’Brien, argued that the Kalighat faction of the TMC had applied first for permission to organise the annual Martyrs’ Day rally, but its request remained undecided while permissions were granted to two other political groups for meetings on July 21.

Taking note of these submissions, Justice Bhattacharya observed that the State had already permitted the Congress and a TMC faction led by rebel MLA Ritubrata Banerjee to organise Martyrs’ Day programmes in nearby areas around Esplanade. The Court questioned the justification for denying similar permission to the petitioner.

However, the Bench declined to permit the rally at Victoria House in the Esplanade area after accepting the State’s concerns regarding traffic congestion, logistics and administrative challenges. Instead, it approved Cathedral Road near Birla Planetarium as an alternative venue.

Advocate General Surojit Nath Mitra, representing the State, opposed the alternative location as well, citing concerns over crowd management because of nearby educational institutions and a hospital. Despite these objections, the Court directed the police to grant permission for the rally at Cathedral Road, subject to strict compliance with all conditions aimed at ensuring public safety and orderly conduct of the event.