The Calcutta High Court has sought the response of the West Bengal government on a petition challenging the alleged mandatory participation of state government employees in the International Yoga Day programme scheduled to be held in Kolkata on June 21, where Prime Minister Narendra Modi is expected to lead the national celebrations.
The single-judge Bench of Justice Amrita Sinha on Thursday directed Additional Advocate General Billwadal Bhattacharya to obtain instructions from the State and listed the matter for further hearing on Friday.
The order was passed on a petition filed by the State Coordination Committee of the West Bengal Government Employees, challenging a communication issued by the Chief Secretary directing government officers and employees to participate in the International Yoga Day programme.
The petitioners contended that compulsory participation in such an event was contrary to the statutory service rules governing government employees. They argued that the Chief Secretary lacked the authority to impose such an obligation and that no legal provision permitted mandatory participation in the programme.
Senior Advocate Bikash Ranjan Bhattacharya, appearing for the petitioners, submitted that although the communication appeared to be in the nature of a request, employees have allegedly been directed by their respective departments to compulsorily register for the event, effectively making participation mandatory.
The Court observed that the language of the communication did not prima facie indicate compulsory participation. However, the petitioners maintained that departmental directions had converted the exercise into a mandatory requirement.
Opposing the plea, the State submitted that participation in the programme was voluntary and that employees were free to either attend or abstain. Additional Advocate General Billwadal Bhattacharya further argued that any employee facing adverse consequences for non-participation would be at liberty to seek appropriate legal remedies.
The Bench observed that the objective of the programme appeared to be the promotion of health and public awareness. The petitioners, however, maintained that participation in such activities must remain a matter of personal choice and cannot be imposed upon government employees.
Explaining the rationale behind the communication, the State submitted that employees had merely been requested to participate as part of an effort to achieve a record turnout on International Yoga Day. The AAG informed the Court that Andhra Pradesh had reportedly recorded participation of nearly three crore persons during last year’s celebrations and that West Bengal was attempting to set a new benchmark.
The Court expressed reservations about treating the event as a competitive exercise, while the State maintained that the broader objective was promotion of public health through wider participation.
In a similar matter concerning the same event, the High Court questioned the decision of Kolkata Police to impose extensive traffic restrictions and close Red Road and adjoining roads ahead of the International Yoga Day celebrations.
The single-judge Bench of Justice Saugata Bhattacharyya observed that while the programme was not political in nature and residents had previously witnessed road closures for political events, the closure of a major thoroughfare for nearly seven days appeared unprecedented.
The Court sought to know why the event could not have been organised at the Brigade Parade Ground instead of imposing prolonged restrictions on Red Road. The Bench also took note of submissions that advocates were facing considerable difficulty in accessing the High Court due to traffic diversions and road closures.
Taking these concerns into account, the Court directed the police authorities to make adequate alternative arrangements to facilitate the movement of lawyers and other residents so that they could reach their workplaces without undue hardship. The Bench further directed that immediately after the conclusion of the programme on June 21, the authorities should take prompt steps to restore Red Road for normal public use.
The Court observed that the larger issues raised in the petition would be considered after the respondents place their stand on record. It also directed the petitioners to implead the Ministry of Defence or the Eastern Command as a party respondent, noting that Red Road falls under the control of Army authorities.
The order was passed on a petition filed by the All India Lawyers Union. The petitioners argued that the duration and extent of the restrictions were disproportionate to the object sought to be achieved and reflected non-application of mind by the authorities.
It was further submitted that while public inconvenience had earlier been cited as a reason for disallowing the use of Red Road for Eid prayers, the authorities had now ordered closure of the same stretch for nearly eight days, along with restrictions on adjoining roads and large-scale traffic diversions across the city.
Defending the arrangements, the State highlighted the significance of the International Yoga Day programme and submitted that India would be leading the global celebrations from Kolkata.
The Court, however, questioned whether the importance of the event would have been diminished had it been organised at the Brigade Parade Ground. Pending further consideration of the matter, the Bench directed the authorities to take all necessary measures to minimise inconvenience and ensure smooth movement of lawyers and members of the public during the period of road closure.
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