Removal of TMC billboard: Supreme Court asks party to raise contentions before Calcutta HC

The Supreme Court on Monday asked the TMC to raise its contentions over the removal of the party's signboard from its office at Camac Street in Kolkata before the high court.

SC asks Calcutta HC to decide matter expeditiously

The top court asked the Calcutta High Court to expeditiously decide the petition filed by the All India Trinamool Congress, also known as the TMC, challenging the Kolkata Municipal Corporation's removal of the billboard from the party's office there.

A bench comprising Chief Justice Surya Kant and justices Joymalya Bagchi and V Mohana disposed of the plea filed by the TMC.

At the outset, Solicitor General Tushar Mehta, appearing for the state government, raised a preliminary objection to the appeal.

"My learned friend should not be excited,” senior advocate Kapil Sibal, appearing for the TMC, said.

The law officer took strong objection to Sibal’s submission.

"You should not have used this expression… it is just for the media, just because it is a political matter…" the solicitor general said.

Sibal said that the billboard was removed without any notice, and the board of Haldiram's, functioning on the ground floor, was not touched.

SC says billboard can be restored if removal found illegal

The CJI said the matter is still pending before the high court and remedial orders can be passed there.

"Just because the board was removed, it does not mean the matter has become infructuous… if it is found to be wrongly removed, there can be a mandatory order for restoration," the bench said.

It said that the high court can be requested to decide expeditiously.

"In our view, the interim order dated August 28, 20206 has not decided pending issues on merits. Since the High Court is seized of the matter, and there are tentative observations made in the order, the parties are granted liberty to raise their respective contentions before the High Court. We request the High Court to determine all issues that arise for consideration expeditiously," the top court said in the order and disposed of the plea.

TMC had challenged removal of Camac Street billboard

The controversy relates to the removal of an allegedly unauthorised billboard bearing TMC signage from the building at 9, Camac Street in south Kolkata by the Kolkata Municipal Corporation (KMC), with police assistance.

On August 28, the Calcutta High Court did not grant any interim order in a petition by the Trinamool Congress challenging the dismantling of the allegedly unauthorised billboard.

Noting that the signboard at the Camac Street premises in south Kolkata had already been removed by the KMC, Justice Raja Basu Chowdhury of the high court had said there was no scope for granting any interim protection on the issue at present.

"Though the petitioner would insist for restoration of the nameboard, I find that it is too premature to seek such a prayer. The same would tantamount to granting of a final relief at an interim stage which is not permissible in law," the court had said.

High Court had declined other interim reliefs

On the petitioner’s prayer for disclosure of the names of the KMC and police officials concerned, the court said that no order directing disclosure of particulars as sought can be passed.

Justice Basu Chowdhury also refused a prayer by the TMC for an order of injunction restraining the municipal authorities from taking any steps in respect of the premises at 9, Camac Street.

"It is also well settled that an order cannot be passed on the basis of mere apprehension," the court observed.

The court directed the respondents and the petitioner to file affidavits stating their contention and said the matter will be heard again upon mentioning by the parties.

Police arrested 13 after billboard removal

Private guards at the office, his supporters and some party leaders scuffled with police and KMC officials on Thursday, trying to prevent them from entering the building on Camac Street and dismantling an "unauthorised" billboard.

However, the TMC's Rajya Sabha MP Derek O'Brien, who was present at the spot during the raid, described reports of resistance attempts by private guards as "fake news". He said the guards were posted on duty at the entrance of the building.

The billboard, bearing TMC signage, set up on an iron structure facing the road on the top floor of the building, was dismantled by KMC personnel with assistance from the police.

The police said that 13 people were arrested in connection with the incident.