Nelua Jama Masjid Jalsha ... vs The State Of West Bengal & Ors
2023 Latest Caselaw 6847 Cal

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. 22288 of 2023

            Nelua Jama Masjid Jalsha Committee & anr.
                                Vs.
                  The State of West Bengal & Ors.

For the petitioners           Mr. Samim Ahammed
                              Mr. Arka Maiti
                              Ms. Ambiya Khatun
                              Ms. Gulsanwara Pervin
                              Mr. Enamul Hoque

For the State                 Mr. Asish Kumar Guha
                             Mr. Rajendra Chaturvedi


Heard on           : 06.10.2023

Judgment on        : 06.10.2023



Jay Sengupta, J.

This is an application praying for direction upon the respondent

authorities to grant permission to hold a religious program scheduled

to take place on 17.10.2023 from 12 noon to 5 P.M. at village Nelua,

District- Nadia.

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

Learned counsel appearing on behalf of the petitioners submits

as follows. The petitioner no.1 is the Nelua Jama Masjid Jalsha

Committee which is to hold a religious jalsha on 17.10.2023 at the Eid

Gaha of village Nelua, Police Station- Bhimpur, District- Nadia

between 12 noon and 5 P.M with about five thousand (5,000)

participants apart from the speakers. A representation in this regard

was made before the concerned respondent authorities, but was not

responded to. Incidentally, the venue is a piece of land which is owned

by the Committee.

Learned counsel appearing on behalf of the State relies on the

report and submits as follows. In the event a permission is to be

granted, the petitioners have to follow the certain conditions. They

shall be ready with fire fighting arrangements. There will be no use of

weapons or fire crackers. Communal harmony shall be maintained. No

Objection Certificate shall be taken from the venue owner. Preferably,

CCTV cameras shall be installed.

It is quite uncommon that the police authorities insist upon

installation of CCTV cameras for holding meetings of such nature. If

they feel it necessary, they shall do it themselves.

However, the petitioners also have to maintain certain norms for

holding a peaceful "jalsha". The petitioners shall intimate the

respondent authorities about the person responsible for conducting

such program. They shall also file a notarized affidavit that they are in

possession of the venue in question. The participants shall not carry

arms or fire crackers. They shall not make provocative speeches or

hurt the religious sentiment of any other community or sect. They

shall deploy sufficient number of volunteers to manage the crowd. On

such terms, the petitioners are permitted to hold the jalsha at the

place and time prayed for.

The respondent authorities shall issue permission letter, if

necessary. They shall also keep a sharp vigil at the locale and ensure

that no breach of peace takes place. In fact, the police authorities

shall deploy sufficient numbers of police personnel including armed

ones so that the program can be held peacefully.

The respondent authorities shall also take care that no

harassment is caused either to the participants or to the local

residents or passersby.

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.)

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