Calcutta High Court (Appellete Side)
Rashid Sekh vs The State Of West Bengal & Ors on 16 December, 2022
Form No. J(2)
IN THE HIGH COURT AT CALCUTTA
Constitutional Writ Jurisdiction
Appellate Side
Present:
The Hon'ble Justice Jay Sengupta
W.P.A. 27421 of 2022
Rashid Sekh
Vs.
The State of West Bengal & Ors.
For the petitioner Ms. Papiya Chattopadhyay
Mr. Md. Badruzzaman
For the State Mr. Sk. Md. Galib
Heard on : 16.12.2022.
Judgment on : 16.12.2022.
Jay Sengupta, J.
This is an application under Article 226 of the Constitution of
India praying for direction upon the respondent authorities for
allowing permission for holding a religious gathering on 20.12.2022 at
the Masjid compound or its surrounding area to be conducted by the
Baniakhari Waktia Masjid from 10 AM to 10 PM.
Supplementary affidavit filed on behalf of the petitioner is taken
on record.
A fresh report filed on behalf of the State is also taken on
record.
Learned counsel appearing on behalf of the petitioner submits
as follows. The petitioner is the President of Baniakhari Waktia Masjid
Committee Religious Organization. The committee wants to hold a
religious jalsha at the masjid and its surrounding area on 20.12.2022
between 10 AM to 10 PM. The same would be done without hampering
public, health, morality or tranquility. This right of the petitioner is
guaranteed by Article 25 of the Constitution of India. Among others,
Janab Abbas Siddique (Alkureshi), an eminent Islamic scholar will
come. A representation was made to the police. But, permission has
not been granted as yet. A second venue nearby has been proposed in
the supplementary affidavit. A " No Objection" has also been taken
from the land owner.
Learned counsel for the State relies a report and submits as
follows. A few years ago, the same speaker namely, Janab Abbas
Siddique came to the venue and gave a speech, which hurt the
religious sentiments of specific sect of the community. This led to the
communal disharmony in the area. The State does not agree with the
second venue proposed by the petitioner either.
Every citizen has right to practice and preach his religion.
However, such right is subject to reasonable restrictions.
Simply because there are two different sects in a community
with opposing views and because one sect may not like the views of
the other, that other sect cannot be prevented from holding religious
discourses.
Although an allusion has been made to an earlier incident of
communal tension between the two sects involving speeches given by
the same speaker, no action seems to have been taken by the
respondent authorities over such incidents. There is no mention of
any criminal or other case in this regard in the reports. Even if one
accepts, for argument's sake, that such an incident did happen a few
years ago, the same cannot be a reason to stop the petitioner from
holding a religious discourse.
Therefore, the respondents are directed to grant permission to
the petitioner to hold the religious discourse at the second venue as
proposed by the petitioner. The same shall be conducted peacefully
and in accordance with law. There shall be no speech made by any of
the accused that is capable of inciting any kind of violence. There
should be no use of any abusive language. Subject to strict
compliance of the prevailing standards of morality and decency, the
petitioner shall conduct the 'jalsa'. Strict compliance should be made
of restrictions regarding use of sound equipments and the like. If any
other permission is required from Government Authority, the same
should be taken. The organizers would organize such event carefully
and with due caution .
The police shall keep a strict vigil at the place to avoid any
untoward incident and maintain peace. The police is directed to
deploy adequate number of personnel in the area at the relevant time.
With these observations, the writ petition is disposed of.
Parties shall act on a server copy of this order, duly downloaded
from the official website of this Court and the petitioner shall be at
liberty to communicate a gist of this order
.
(Jay Sengupta, J.)
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