No permission, no protection: HC rejects CPI(M)'s plea to stop bookstall removal

The Calcutta High Court has dismissed a petition filed by the Communist Party of India (Marxist) seeking judicial protection against the removal of its temporary bookstall located near Jadavpur Coffee House in Kolkata. Justice Partha Pratim Roy ruled on October 20 that the party was not entitled to relief because it failed to prove it possessed the mandatory permissions required to operate the stall. The court noted that although the party had applied for authorization and deposited funds, final approval was withheld pending police clearance, which was never granted. Consequently, the judge determined that the CPI(M) could not claim legal protection for a structure erected without valid sanction. The dispute centers on a temporary installation the party intended to maintain from October 13 to October 22, 2026. The CPI(M) Jadavpur 1 Area Committee claimed the party had operated a bookstall at this specific site during Durga Puja for the preceding 49 years. For the current festival, the committee planned a structure measuring 16 feet by 20 feet. According to the petition, the party submitted an application to the Kolkata Municipal Corporation on September 19 and simultaneously notified the officer-in-charge of the Jadavpur Police Station regarding the proposed setup. To secure the location, the party deposited Rs 3,208 with the civic body. However, the court highlighted that the payment receipt issued by the municipality explicitly stated that the transaction was subject to police approval. Since no such approval was ever issued, the court concluded that the necessary permission did not exist. Tensions escalated on October 17 at approximately 6:30 pm, when municipal officials reportedly arrived at the site accompanied by a large police contingent and a bulldozer. The CPI(M) alleged that these officials attempted to forcibly remove the stall at that time. Following this incident, the party approached the High Court, requesting a restraint on the authorities to prevent the dismantling of the stall except through lawful processes. They also sought a directive compelling the municipal authorities to review their application and provide a reasoned decision if the permission status remained unclear. Justice Roy rejected these requests, relying on a precedent established by a Division Bench in the case of Superintendent of Police, Bongaon Police District versus the Communist Party of India (Marxist). That earlier judgment mandated that any party seeking court intervention must first demonstrate that valid permission to erect the stall had been granted. The Division Bench had further instructed that if approval had neither been sought nor obtained, immediate action should be taken to remove the structure. Applying this logic, Justice Roy observed that the CPI(M)’s own actions proved the necessity of obtaining permission, as evidenced by their initial application and deposit. Because the record showed that no permission was granted, the court found the petitioner unable to meet the threshold for judicial protection. The petition was dismissed without any order regarding costs. This legal outcome occurs amidst broader unrest involving CPI(M) bookstalls across Bengal. Several stalls set up by the party during the Durga Puja period in Kolkata and other regions were reportedly attacked and damaged by unidentified individuals. These incidents have drawn sharp political reaction. State Finance Minister Swapan Dasgupta described the attacks as unacceptable, stating that the violence caused him personal shame. Conversely, Bengal BJP chief Samik Bhattacharya publicly distanced his party from the incidents. Chief Minister Suvendu Adhikari offered a different perspective, suggesting that the CPI(M) should conduct its book sales at party offices rather than setting up temporary structures during the festival. The court’s decision effectively leaves the party without a legal shield against future removal attempts unless it can produce evidence of prior authorization.