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SHAMPA SARKAR
Vineet Ruia – Appellant
Versus
State Of West Bengal – Respondent
ORDER
1. Affidavit-of-service filed in Court today, be kept with the record.
2. The petitioner alleges police inaction. The Officer-in-Charge, Hare Street Police Station has kept silent over the petitioner's request for permission to hold a protest.
3. The petitioner claims to be the president of an organisation known as Bharat Bachao Sangathan. According to the petitioner, the private unaided schools are 'committing robbery in broad daylight' by charging exorbitant fees. The petitioner had approached the Chief Minister of the State of West Bengal with a request that regulatory steps against the private unaided schools, be taken. Some of the schools mentioned are, Heritage School, Sri Sri Academy School, Lakshmipat Singhania Academy and Sushila Birla Girls School. According to the petitioner, the list is not exhaustive and several other private schools are equally at fault.
4. As a protest, the petitioner wishes to assemble along with some parents in front of the metro channel at Dharmatala. A prayer was made before the Officer-in- Charge, Hare Street Police Station, for necessary permission. The petitioner wanted to undertake the protest for 30 days, beginning from June 24, 2022 with
The right to protest must be in aid of securing social justice and cannot be based on a personal agenda. The authority has the power to impose reasonable restrictions to prevent disruption to public ....
The court balanced the right to peaceful protest with the need to maintain public safety and order, providing specific directions for the conduct of the rally.
Balancing the right to peaceful protest with the need to maintain public safety and order.
Right to protest and dissent protected; no offence without evidence of harm, prohibitory orders, or independent witnesses.
The right to assemble peacefully is fundamental and cannot be prohibited without reasonable justification, emphasizing the need for a balance between individual rights and public order.
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