Calcutta High Court (Appellete Side)
Ashis Khamrai & Ors vs The State Of West Bengal & Ors on 15 December, 2022
HIGH COURT AT CALCUTTA
CONSTITUTIONAL WRIT JURISDICTION
Present:
THE HON'BLE JUSTICE JAY SENGUPTA
WPA 27782 of 2022
Ashis Khamrai & Ors.
Versus
The State of West Bengal & Ors.
For the petitioner : Mr. Koustav Bagchi
Mr. Debayan Ghosh
Ms. Priti Kar
...Advocates
For the State : Mr. Sirsanya Bandopadhyay
Mr. Arka Kr. Nag
...Advocates
Heard on : 15.12.2022
Judgment on : 15.12.2022
JAY SENGUPTA, J:
This is an application under Article 226 of the Constitution of India
praying for direction upon the respondents to grant permission to the
petitioners to hold a peaceful procession on 17.12.2022 from "Sealdah
Station to Y Channel Esplanade".
Affidavit of service filed on behalf of the petitioners is taken on record.
A report filed on behalf of the State is also taken on record.
Learned counsel appearing on behalf of the petitioners submits as
follows. The petitioner no. 1 is the convenor of WBGDRB- 2017 Group -D
Waiting, Aikya Mancha, the petitioner no.2 is the President of Jubo Chhatra
Adhikar Mancha, the petitioner no.3 is the Convenor of West Bengal
Progressive Nursing Forum, the petitioner no.4 is the Convenor of Judo
Chhatra Adhikar Mancha (Sorir Shiksha o Karma Shiksha), the petitioner
no.5 is the Convenor of 2014 Primary TET pass trend not included
candidate ekota mancha, the petitioner no.6 is the Convenor of Madrasha
Service Commission Pass Parthi Mancha, the petitioner no.7 is the
Convenor of 2018 CSC Empanelled Candidates Organization, the petitioner
no.8 is the Convenor of WBCSSC Group C and D Waiting Chakri Parthi
Mancho and the petitioner no.9 is the Convenor of 2014 TET pass Aikya
Mancha. The petitioners made a representation before the respondent
authorities to hold march/procession from Sealdah Station to Y Channel
Esplanade on 17.12.2022. They are undertaking that the same would be a
peaceful one only ventilating their legitimate grievances. Yet, they received
no response from the police authority. There is no reason why the
petitioner's right to protest should be thwarted in any manner.
Learned counsel for the State relies on the report and submits as
follows. On 17.12.2022, the Union Home Minister of the country and the
Chief Ministers of 4 States would come to Kolkata to attend a meeting where
the Chief Minister of our State would be hosting such meeting. The
dignitaries would remain here for a few days. It is also pertinent to mention
that the 28th Edition of the Kolkata International Film Festival is scheduled
to be held between 15-22 December, 2022 in Kolkata. Celebrities and
dignitaries would be attending the said programme. The route mentioned by
the petitioners would involve much activity for the Christmas and the year
end. There is a requirement to deploy huge number of police personnel in
the nearby areas and in other parts of the city. 17.12.2022 would not be the
ideal date to hold such procession. The Police Authorities would not be in a
position to deploy adequate number of personnel to deal with the
procession, especially if any untoward incident happens.
I have heard the submissions of the learned counsels for the parties
and have perused the writ petition.
It is an undeniable right of a citizen to hold protest either in the form
of a march or a rally. However, the same is subject to reasonable
restrictions.
In view of the concerns expressed on behalf of the State, the parties
were asked to suggest an alternative date.
After taking instructions, learned counsel for the petitioners suggested
19.12.2022 as an alternative date to which the learned counsel for the State
agreed, in principle.
Therefore, the petitioners shall make necessary representation/s
before the respondent authorities indicating that they would be holding the
said procession or rally not on 17.12.2022, but on 19.12.2022 at the same
place between 12 noon to 4 PM. After receiving the said representation/s,
the respondent authorities shall grant permission to the petitioners to hold
such march or rally.
However, the following conditions have to be fulfilled by all concerned-
a) The protest march through the route as mentioned hereinabove,
shall be held peacefully strictly between 12.00 noon to 4.00 PM.
The loudspeakers, if used, shall be within the permissible sound
limits.
b) Banners and placards will be permitted. But, speeches capable of
inciting violence and abusive language will not be permitted.
c) The rally shall move in a manner that the common commuters and
the vehicular passage are not disturbed.
d) The police authorities shall be at liberty to ensure that no breach of
peace takes place and law and order is maintained.
With these observations, the writ petition is disposed of.
Urgent photostat certified copies of this order may be delivered to the
learned Advocates for the parties, if applied for, upon compliance of all
formalities.
Parties shall act on a server copy of the order obtained from the
official website of High Court at Calcutta.
(Jay Sengupta, J)
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