Calcutta HC dismisses Vishwa Hindu Parishad’s plea for stall at Kolkata Book Fair 2025 [Read Judgment]

Kolkata: The Calcutta High Court has issued a significant ruling rejecting a writ petition by the Vishwa Hindu Parishad (VHP) seeking to set up a stall at the 48th International Kolkata Book Fair 2025.

Justice Amrita Sinha presided over the case, addressing VHP’s claim that its exclusion from the book fair violated its fundamental rights. The court emphasized the distinction between a private event and a public function.

Calcutta High Court’s Ruling on VHP’s Book Fair Stall Plea

The court noted that VHP, a society registered under the West Bengal Societies Registration Act, 1961, had been a participant in the Kolkata Book Fair since 2011. The organization applied for a 600 sq. ft. stall in response to the Booksellers and Publishers Guild’s advertisement for the fair scheduled from 28th January to 9th February 2025.

VHP argued that the fair, supported by state infrastructure and financial aid, should be considered a public event. It claimed that its exclusion infringed upon its rights under Articles 14, 19(1)(a), and 21 of the Constitution.

VHP’s Constitutional Challenge Against Kolkata Book Fair Exclusion

However, the court observed, “A private entity certainly has the right to select and choose the participants in its own function as per its own preference.” The judgment highlighted that VHP could still publish and distribute its books through alternative platforms.

The Booksellers and Publishers Guild submitted that it had passed a resolution in 2024 not to allot stalls to certain organizations. The court recognized the Guild’s autonomy in organizing the event, noting that the fair’s popularity or state support does not automatically make it a state-sponsored function.

The court noted that the book fair would host 1,050 stalls this year, including those for governmental bodies, but this did not alter the event’s essentially private nature. Justice Sinha emphasized that VHP’s inability to secure a stall would not substantially impact its ability to spread its ideas.

“It is not the case that if the petitioners are not allotted any stall in the fair, then their right to business or their freedom of speech or expression will be infringed in any manner,” the judgment stated.

The court suggested that while VHP might feel wronged, not all grievances can be addressed through a writ petition, and private law remedies remain available.

Mr. Subir Sanyal appeared as senior counsel for VHP, while Mr. Kishore Datta, the Advocate General, represented the State of West Bengal.

Case Title: Vishva Hindu Parishad, Dakshinbanga & Anr. vs. The State of West Bengal & Ors.

[Read Judgment]