HC allows VHP’s Ram Navami Rally in Howrah, says ‘Administrative concerns can’t override rights’

The Calcutta High Court has permitted the Vishva Hindu Parishad to hold its Ram Navami procession in Howrah on March 26, 2026, allowing the use of the previously approved route while mandating strict safeguards to maintain law and order. The ruling underscores that administrative concerns cannot override established rights without sufficient justification, especially in matters of peaceful assembly.

The dispute arose after the organisers approached the Court seeking police clearance for the rally, relying on a prior judicial order that had permitted the same route. The State opposed the request, citing election-related security concerns and identifying certain stretches as sensitive, proposing a route change. The organisers argued that the rally had been conducted along the same path in earlier years without incident, and any deviation would be unwarranted and arbitrary.

The Court examined the competing claims and held that the State’s objections lacked adequate basis to disturb an established arrangement already endorsed by a previous order. Emphasising the constitutional protection of peaceful assembly, the Court observed that regulatory powers must be exercised reasonably. “Such regulation must be reasonable and cannot arbitrarily restrict established practices,” the Court noted, adding that concerns over security could be addressed through adequate police deployment rather than altering the route.

Accordingly, the Court permitted the rally subject to conditions, including a cap on participants, prohibition on weapons and provocative slogans, limited sound systems, and a fixed time window for completion.

Case Title: Vishva Hindu Parishad & Anr Vs.  State of West Bengal & Ors

Case No.: WPA 6515 of 2026

Coram:  Hon'ble Mr. Justice Saugata Bhattacharyya

Advocate for the Petitioner: Adv. Subir Sanyal, Adv. Krishnendu Sarkar, Adv. Anindya Sundar Das, Adv. Anup Dasgupta, Adv. Sujit Bhunia, Adv. Shaunak Ghosh, Adv. Sourajit Mukherjee, Adv. Syed Ali Afzal, Adv. Paramita Mondal, Adv. Suva Gayen, Adv. Suman Halder, Adv. Shabnam Yeasmin, Adv. Subrata Bairagya, Adv. Anuvab Das

Advocate for the Respondent: Ld. AG Kishore Datta,  Adv. Swapan Banerjee, Adv. Sumita Shaw, Adv. Soumen Chatterjee

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