SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
Listen Article Pause Article
judgment-img

2000 Supreme(Cal) 217

IN THE HIGH COURT AT CALCUTTA
Bhaskar Bhattacharya, J.
Ananda Marga Pracharaka Sangha & another – Petitioners
Versus
State of West Bengal & other – Respondents
W.P. No. 4766 (W) of 2000
Decided On: April 28, 2000

The importance of adhering to past court orders and the need for respondent authorities to act in accordance with the law of the land.

Headnote:

Permission - Procession and Meeting - The court granted permission to hold a procession and meeting on certain conditions, emphasizing the importance of adhering to the terms and conditions set by the court.

Fact of the Case:

The petitioners sought permission to hold a procession and meeting, which was rejected by the Commissioner of Police without providing any reason. The petitioners had a history of holding similar events annually and had previously obtained court orders permitting such activities.

Finding of the Court:

The court found that the Commissioner of Police did not provide any reason for rejecting the permission and, considering the past court orders, granted permission with specific terms and conditions.

Issues: The main issue was the refusal of permission by the Commissioner of Police without providing any reason, leading the petitioners to approach the court for relief.

Ratio Decidendi: The court emphasized the importance of considering past court orders and the need for the respondent authority to act in accordance with the law of the land.

Final Decision: The court granted permission for the procession and meeting, subject to specific terms and conditions, and expressed disapproval of the Commissioner of Police's order. No costs were awarded to either party.

JUDGMENT

1. In this writ application, the writ petitioners, namely, Ananda Marga Pracharaka Sangha and its Public Relations Secretary have come up with the allegation of non-consideration of their application for permission to hold a procession and meeting on April 30, 2000 to commemorate death of some of the members of their association with use of microphone and matador van. During the pendency of the writ application, the Commissioner of Police has passed an order rejecting such prayer. The said order has been annexed by a supplementary affidavit filed by the petitioners.

2. It appears from the materials-on-record that from the year 1984, the petitioners are holding similar type of meetings and processions every year on the aforesaid day, namely, April 30, 2000, but the Police authority on each occasion refuses such prayer which compels the petitioners to come up before this Court in every year. The petitioners have annexed different orders passed by this Court in the different years in the past.

3. It appears from Annexure 'X' to the supplementary affidavit, namely, order dated April 11, 2000 that the Commissioner of Police has assigned no reason why such permission sought for by the petitioners cannot be granted. By the said order he has simply expressed his regret for not granting permission.

4. After hearing Mr. Mukherjee in support of the application and Mr. Mondal appearing on behalf of the respondents and after going through the entire materials-on-record, I find that in the past similar allegation was made by the petitioners and this Court passed orders permitting the petitioners to hold such procession and meeting on certain conditions.

5. As indicated above, no reason has been assigned by the Commissioner of Police in the order refusing such permission and in the face of such fact I dispose of this application by passing the following order in view of the fact that no useful purpose will be served by remanding the matter back to the Commissioner of Police for reconsideration of the prayer.

6. Subject to the undertaking given by the petitioner No.2 on behalf of the petitioner No.1 that they will not violate any of the terms and conditions set forth here-in-below, the respondent Police authority will permit Ananda Marga Pracharaka Sangha to take out a procession on April 30, 2000 on the following terms and conditions: –

(1) That no Tandav dance shall be performed in the procession or event at the congregation point.

(2) No participant in the procession shall carry any human skulls, tridents, daggers, snakes or any weapons or objectionable materials either during the procession or at the public meeting.

(3) The processionists shall be permitted to carry any number of banner or placard but such banner or placard shall not contain any writings or pictures which are prejudicial to the interest of the sovereignty and integrity of India, the security of State, friendly relations with foreign States, public order, decency or morality nor those writings or pictures should amount to contempt of Court, defamation or incitement to an offence as mentioned in Article 19(2) of the Constitution of India.

(4) As far as the use of microphones on mobile vehicles is concerned, the petitioners will be permitted to use microphones on eight mobile vans (one microphone for each van) and the sound level of such microphone will not exceed 65 decibels. The noise level fixed by the Pollution Control Board must be followed. The Pollution Control Board shall keep a watch on the use of microphones and if it is found that the same exceeds the fixed level, they will be entitled to proceed against the petitioners accordingly.

(5) The procession shall begin at 3 P.M. from Deshapriya Park and the entire proceedings ending at Bijon Setu must be completed by 6 P.M. It is made clear that the procession shall not proceed through any area where there is any prohibitory order under Section 144 of the Code of Criminal Procedure in force. The processionists will




Click Here to Read the rest of this document
1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
whatsapp-icon Back to top