Subha Saha vs The State Of West Bengal & Ors
2023 Latest Caselaw 7438 Cal

Calcutta High Court (Appellete Side)

Subha Saha vs The State Of West Bengal & Ors on 24 November, 2023

Author: Jay Sengupta

Bench: Jay Sengupta

IN THE HIGH COURT AT CALCUTTA Constitutional Writ Jurisdiction Appellate Side

Present:

The Hon'ble Justice Jay Sengupta

WPA 26352 of 2023 Subha Saha Versus The State of West Bengal & Ors.

For the petitioner : Mr. Debanshu Ghorai Mr. Dip Jyoti Chakraborty Mr. Amit Halder Mr. Shouryyadeep Saha Mr. Rajdeep Adhikari .....Advocates For the State : Mr. Ansar Mondal Mr. Ashis Dutta .....Advocates

Heard lastly on : 24.11.2023

Judgment on : 24.11.2023

Jay Sengupta, J:

This is an application challenging certain restrictions imposed on

conducting processions /offering puja during Rash utshab.

Report filed on behalf of the State is taken on record.

Learned counsel appearing on behalf of the petitioner submits that

the local police administration in league with Nabadwip Central Rash Utsab

Committee is trying to stiffle the rights of common citizens of Nabadwip in

performing 'Shobha Yatra' during Rash Purnima to be held on 27th of this

month. A ban has been put on the use of musical instruments. Playing

instruments like 'khol', 'kartal', etc in such "Shobha Yatra" is an essential

religious practice. It has also been stated that only 3 to 5 persons

representing a particular puja would be able to do a procession.

Learned counsel appearing on behalf of the State denies the

allegations and submits as follows. Certain restrictions have been imposed

only to maintain law and order. Afterall, this is an international event. In

fact, certain incidents happened last year that lead to registration FIRs.

It appears from the report that the Committee, which is in-charge of

holding the Rash Utsab, had actually arrived at such restrictions. It was in

view of such restrictions that the police have published a leaflet

incorporating the same.

The restriction that for every puja offering, three to five persons would

participate in a march/procession appears to be quite reasonable. So, the

same is not interfered with.

However, the devotees should not be prevented from using musical

instruments in the "Shobha Yatra" provided that the sound is within

permissible limits. Therefore, the relevant restriction stands modified

accordingly.

The petitioner also undertakes not to cause any disturbance and to

follow all other norms in conducting their "Shobha Yatra".

Therefore, no further order need be passed in this regard.

With these observations, the writ petition is disposed of.

Urgent photostat certified copy of this order be supplied to the parties,

if applied for, as early as possible.

(Jay Sengupta, J.)