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SHAMPA SARKAR
Usthi United Primary Teachers Welfare – Appellant
Versus
State Of West Bengal – Respondent
ORDER
1. Affidavit-of-service filed in Court today, be kept with the record.
2. The writ petition has been filed with an allegation that the Commissioner of Police, Kolkata did not grant permission to Utshi United Primary Teachers Welfare Association to take out a peaceful procession on June 11, 2022 from Raja Subodh Mullick Square Park to Rani Rashmoni Avenue.
3. The petitioner No.1 is an association. It has organized a protest rally on June 11, 2022 between 12 noon and 4 p.m. It is expected that around 3,000 people shall join the rally, 5 vehicles and 20 loudspeakers shall be used. Accordingly, a permission was sought for from the Commissioner of Police, Kolkata. It is alleged that the Commissioner of Police, Kolkata has not responded to such request dated May 31, 2022. Hence, the petitioners have moved this Court for necessary orders.
4. Mr. Amitesh Banerjee, learned senior standing counsel was requested by the Court to take instructions in the matter. Mr. Banerjee has come back with necessary instructions. According to Mr. Banerjee, neither the Commissioner of Police nor the officer of Kolkata Police have ever objected to peaceful marches. It is submitted by Mr. Banerjee that if th
Balancing the right to peaceful protest with the need to maintain public safety and order.
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.
Court balances freedom of assembly with public order by stipulating conditions for rally organization.
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 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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