RAJYASHREE CHAUDHURI Vs. THE STATE OF WEST BENGAL AND ORS.
LAWS(CAL)-2018-8-218
HIGH COURT OF CALCUTTA
Decided on August 16,2018

Rajyashree Chaudhuri Appellant
VERSUS
The State of West Bengal and Ors. Respondents

JUDGEMENT

JYOTIRMAY BHATTACHARYA,J. - (1.) This writ petition in the form of public interest litigation has been filed primarily for implementation of the order dated 1st September, 2017 passed in W.P. No. 497 of 2017.
(2.) The operative part of the said order reads as follows : "In this view of the matter, we are of the opinion that the State should advertise both in the print and electronic media sufficiently in advance the restrictions which have been imposed by the judgments as well as those contained in the Act and Rules framed thereunder. These restrictions should be advertised at least a week before the Id-Ud-Zoha festival every year. However, for the festival which is to be observed tomorrow, we direct the State to advertise/publish these restrictions in the electronic and print media by this evening and latest by tomorrow morning in Bengali, Urdu, Hindi and English so that the people in general are made aware of these restrictions."
(3.) Learned counsel appearing for the state respondents opposed the application. He submitted that the order was complied with last year and this year also this order shall be complied with. No further directions should be given. This application is maintainable as a public interest litigation. It is politically motivated. This application should be dismissed. Learned counsel relied on certain decisions of the Hon'ble Supreme Court in support of his submission that a politically motivated public interest litigation should be thrown out at the threshold. The petitioner is a member of Bharatiya Janata Party but has suppressed this fact in the writ petition.;


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