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Tripura High Court on Tuesday rejected All India Trinamool Congress’s PIL that sought Court’s direction to organize a protest rally despite State Government’s order prohibiting all meetings, procession, public gatherings by any political party in Sadar area till Diwali festival, 2021.

The Bench of Justice Arindam Lodh held,

“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.”

Denying to substitute the District Magistrate’s prohibitory order of September 20, Court observed that the DM & Collector, West Tripura District had issued the order based on an intimation conveyed to him by the Superintendent of Police that there is serious apprehension of breach of peace.

Court noted that the government has apprehended deterioration of law-and-order situation in Sadar police Sub-division, if at this moment it permits organizing of any procession, meetings or public gathering within this area.

Perusing the prohibitory order, Court said that the order was also issued to prevent any mischief which may be committed by any political parties, and may result in sporadic clashes between political groups affecting the law-and-order situation of the State.

Court held that this order is a result of a policy decision of the Government, intending to achieve a definite object and purpose, therefore, court cannot invade the jurisdiction vested upon the executives under the Constitution.

However, counsel appearing on behalf of AITC, contended that the government has actuated with malice and the order is aimed only to restrain them from organizing any rally in the city of Agartala.

He pleaded that they may be given an opportunity to submit representation to the authority concerned for granting permission to organize protest rally on any future date.

Upon this, court said that seeking permission to organize rally and submission of representation in this regard entirely depends upon the petitioners.

“They have the liberty to pursue their cause with the appropriate authorities, and the Court’s order is not necessary for such purpose”, Court held.

Court said that the correctness of the reasons which prompted the government 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,” Court held.

Therefore, stating that the power of Court is very limited relating to a policy decision of the government, court held that the Court cannot invade the power vested upon the legislatures as well as the executives unless and until fundamental right is breached.

Resultantly, Court found its interference unwarranted and thus, dismissed the petition refusing to pass any direction permitting the petitioners to organize the rally.

Case Title: All India Trinamool Congress & Another v. The State of Tripura and 6 Others

Access copy of Judgment Here