Swapan Manna vs The State Of West Bengal & Ors
2023 Latest Caselaw 4852 Cal

Form No. J(2)

             IN THE HIGH COURT AT CALCUTTA
             CONSTITUTIONAL WRIT JURISDICTION

Present:
The Hon'ble Justice Jay Sengupta


                        WPA 19203 of 2023

                           Swapan Manna
                       -vs-
                   The State of West Bengal & ors.


      For the petitioner     : Mr. Mr. Sourav Chatterjee
                              Mr. Moukh Mukherjee
                              Mr. Pritam roy
                              Mr. Soewel Bhattacharjee


      For the State          : Mr. Anirban Ray, GP
                               Mr. Amal Kumar Sen, AGP
                               Ms. Ashima Das (Sil)

      Lastly heard on         : 08.08.2023

      Judgment on            : 08.08.2023


Jay Sengupta, J:

      This is an application under Article 226 of the Constitution of

India praying for a direction upon the respondent-authorities to

permit the petitioner to hold a meeting on August 9, 2023 at

Pingbone Nabkung Ground (Math), Goaltore police station, Paschim

Medinipur.

Affidavit of service filed in court be taken on record.

Copies of orders dated March 13, 2023, May 8, 2023 and May

19, 2023 passed by a coordinate Bench of this court in WPA No.5959

of 2023, 11360 of 2023 and WPA No.12664 of 2023, as filed in court

on behalf of the petitioner, are taken on record. Copies are handed

over to the learned Government Pleader appearing for the State.

Learned counsel for the petitioner submits as follows. The

petitioner is a functionary of the Bharatiya Janata Party, which

intends to hold a rally to commemorate the World Tribal Day. Earlier

an application was made for holding such rally at Goaltore College

ground (math). This was intimated to the respondents. However, the

principal of the college withdrew the permission. This prompted the

petitioner to choose Pingboni Nabakung Ground (Math), a privately

owned ground, for conducting the said meeting. Necessary

permissions were taken from the owners. In the proposed meeting of

the petitioner, there will be a gathering of about 2000 men. An

application was made before the inspector-in-charge of the local

police station and the Superintendent of Police praying for

permission to hold the meeting at the same ground on August 6,

2023. Till date there has been no response from the respondent-

authorities in this regard. After leave was obtained for moving the

writ petition and after notice was served upon the State, the

petitioner received an intimation from the IC, Goaltore police station

dated August 7, 2023 that the resposndents were refusing to grant

the petitioner permission to hold the meeting at Pingboni Nabakung

Ground. Because, on the prayer of one Bhaskar Chakraborty dated

August 3, 2023, permission was granted to hold a procession and a

meeting at Pingboni Hattola adjacent ground. Considering the

prevailing sensitivity in the area, the permission was denied. This is

only a colourable exercise to somehow prevent the petitioner from

holding the meeting. This is not the first time that this was

attempted. On several occasions, the petitioner had move this court

and obtain orders for holding meetings and rallies. Reliance is

placed on orders passed on March 13, 2023, May 8, 2023 and May

19, 2023 by a coordinate Bench of this court in WPA No.5959 of

2023, 11360 of 2023 and WPA No.12664 of 2023, respectively.

Learned Government Pleader representing the State submits

as follows. It was essentially a problem of the petitioner that the

earlier permission granted by the principal of the college was later

withdrawn by him. Even before the present petitioner could apply

for holding a meeting at the present venue, the said Bhaskar

Chakraborty had applied for holding the meeting, on behalf of TMC

at a nearby place to commemorate the same World Tribal Day. Such

permission was granted and such meeting is to be held on August 9,

2023 from 10 a.m. till 7 p.m. The two venues are only about 500

metres apart. Considering the tension that is prevailing in the area,

it would not be proper to allow the petitioner to hold the said meeting

at the said venue. That is why, the permission was denied. The

decisions cited on behalf of the petitioner are not binding of this

court, since they are based on different facts. In fact, such a case

has not come out in the present facts. There will be a gathering of

about 5000 men in the other proposed rally.

I have heard the submissions of learned counsels for the

respective parties and have perused the writ petition and copies of

documents filed on behalf of the parties.

It is indeed true that the petitioner failed to get the meeting

done at the first venue selected by them. It is purely their problem

that the principal of the college withdrew the permission granted

earlier to them.

However, it is also true that after getting permission to hold

the meeting at the private ground, the petitioner did apply for

permission before the respondent-authorities on August 6, 2023 and

the same was not responded to till today.

As was held by a coordinate Bench of this court on March 13,

2023 in WPA No.5959 of 2023 that "there should be a level playing

field for all political denominations and ideologies in the State for

holding public rallies, gatherings and meetings. Law and order is

indeed an issue that the State needs to look into."

Here, both the meetings pertain to commemoration of the

same event - the World Tribal Day. So, choosing another date is out

of question.

In view of the above, let both the meetings be accommodated

on the same day. For doing so the timings for the two meetings have

to be altered a little.

Let the petitioner hold his meeting at the venue that was

selected for it from 9 a.m. to 1.30 a.m. at the Pingboni Nabakung

Ground. The other meeting sanctioned earlier by the respondents

shall be held at the venue that was selected for it from 1.30 p.m. to

7.00 p.m.

A gap of 1 hour for is quite fair for assembling of a group and

dispersal of the other.

It is an admitted position that there is distance of 500 metres

between the two places. The said area shall be carefully manned by

police personnel from the local police station who shall ensure that

no breach of peace takes place.

The petitioner shall abide by the conditions for hold such

meeting. They shall name three persons responsible for compliance

of all terms and conditions to hold the meeting. The meeting shall

not cause any obstruction to the public at large. The sound volume

stipulations should also be scrupulously maintained. After the

meeting is over, the venue of the meeting shall be cleaned up by the

petitioner's men and agents.

The police authorities shall make necessary arrangements to

ensure that no breach of peace takes place.

With the above observations, WPA No.19203 of 2023 is

disposed of.

Since affidavit-in-opposition is not called for, the allegations

made in the writ petition is deemed not to be admitted by the

respondents.

Certified copy of this order, if applied for, shall be made

available to the parties.

All parties are to act on the server copy of this order duly

downloaded from the official website of this court.

(Jay Sengupta, J.)

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