The protest event, called by a group of civil society members and supported by agitating doctors, approached the High Court after prohibitory orders against any gathering of five or more persons under Section 163 of the Bharatiya Nagarik Suraksha Sanhita (BNSS) were imposed on Monday in Esplanade and other areas of central Kolkata.

The matter was heard by the bench of Justice Ravi Krishan Kapur, who allowed the protesters to carry out the agitation named ‘Droher Carnival’ (carnival for protest) at a stone’s throw from Red Road, where the state government will be organising the Durga Puja carnival.

In his order, Justice Kapur wrote, “The impugned order severely restricts and reflects an unfettered exercise of discretion which opens the doors to arbitrariness and is an antithesis to the Rule of Law. The width of prohibition contained in the impugned order is disproportionate, excessive and unreasonable. Such restrictions on fundamental rights cannot possibly achieve any bonafide purpose..”

“The petitioners are permitted to hold the “Droher Carnival”. The State respondents are directed to put barricades and/or guard rails between Rani Avenue and Red Road ensure that no breach of peace occurs. The police shall also make necessary arrangements for security with a required number of police personnel so as to ensure that there is no breach of peace at the proposed “Droher Carnival”. The organizers of the rally are also requested to have sufficient number of volunteers to ensure that no breach of peace occurs,” the order further read.

The police on Tuesday started removing roadblocks and iron guard rails around Rani Rashmoni Avenue, where the protesters were seen gathering.

The prohibitory orders were issued for Rani Rashmoni Avenue, Dorina Crossing, Mayo Road, Red Road, Outram Road, Academy of Fine Arts, and Jawaharlal Nehru Road, among other areas.

Kolkata Police Commissioner Manoj Verma had said the ‘Droho carnival’ was likely to “cause public disturbance and breach of peace” when the state government’s Durga Puja carnival was being organised.

The police order read, “… it is necessary for preventing danger, obstruction, or inconvenience to the public in connection with the “Immersion Carnival” on Red Road, Kolkata on October 15… it has come to (our) knowledge that some individuals and organisations are planning to hold a protest styled as Droho Carnival on R.R. Avenue or its vicinity, which is likely to disturb the Immersion Carnival on Red Road and … cause large-scale disturbance of public tranquility and breach of peace…”

The junior doctors, who are on an indefinite fast in Esplanade, voiced their support for the ‘Droho Carnival’. Five of them who were on an indefinite fast have been admitted to hospital after their condition deteriorated.

An agitating junior doctor said, “Those who have called this protest have our wholehearted support. We have been on hunger strike seeking justice for the victim and reforms in the state health sector. Kolkata police are issuing prohibitory orders to prevent protests on the R G Kar issue… but we do not think they will be successful since it’s a people’s protest.”

Talks between the state government and the junior doctors, as well as senior doctors’ associations, including a meeting of over two hours with Chief Secretary Manoj Pant on Monday, have failed.