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IN THE HIGH COURT AT CALCUTTA
RAJASEKHAR MANTHA, J.
Swadesh Ranjan Das Adhikary - Appellant
Versus
The State of West Bengal & Others - Respondent
WPA. No. 5959 of 2023
Decided On : 13-03-2023
Rally Permission - Political Gathering - The court directed the petitioner to hold a rally from 8 am to 10 am at a specified location, while deferring permission for another political party to hold a rally from 11 am to 3 pm on the same day, emphasizing the need for a level playing field for all political denominations and maintaining law and order.
Fact of the Case:
The petitioner sought permission to hold a rally to pay respects to individuals killed in a police firing, but the permission was denied by the police. Another political party was allowed to hold a rally at the same place on the same day.
Finding of the Court:
The court directed the petitioner to hold the rally from 8 am to 10 am, while deferring permission for the other political party to hold a rally from 11 am to 3 pm. The court emphasized the need for a level playing field for all political denominations and the importance of maintaining law and order.
Issues: Permission to hold a rally, level playing field for political denominations, law and order
Ratio Decidendi: The court balanced the rights of the petitioner and the other political party by allowing both to hold rallies at different times on the same day, emphasizing the need for a level playing field for all political denominations and the importance of maintaining law and order.
Final Decision: The court directed the petitioner to hold the rally from 8 am to 10 am and deferred permission for the other political party to hold a rally from 11 am to 3 pm, with the condition of ensuring a peaceful rally and no inconvenience to the public.
JUDGMENT
The petitioner wishes to hold a rally to pay respects to the persons who were killed on the 14th March, a few years ago at Nandigram in a police firing.
Necessary police permission has been applied for but has been denied. The petitioner has been requested to suggest an alternative day for holding their gathering at the said place.
Counsel for the State Mr. Amitesh Banerjee, submits that another political party has been allowed to hold a rally at the said place from 10 am to 2 pm on the same day.
This Court is of the view that there should be a level playing field for all political denominations and ideologies in the State for holding public rallies, gatherings and meetings. Law and order is indeed an issue that the State needs to look into.
In the above backdrop, this Court directs that the petitioners may hold their rally and/or gathering from 8 am to 10 am on the 14th March, 2023 at the Nandigram at Gokulnagar, Adhikaripara Malpally to Sonachura Saheed Minar.
The permission to the other political party to hold a rally shall stand deferred from 10 am to 11 am. They shall be permitted to hold the meeting from 11 am to 3 pm.
The petitioner undertakes to hold a peaceful rally. The public at large should not inconvenienced in any way whatsoever. Movement of traffic should not be disturbed.
The petitioner may hold the rally and the CRPF may also deploy forces to ensure the petitioner’s rally is held smoothly. However, the petitioner, their supporters and the CRPF shall vacate the place indicated hereinabove by 10.30 am.
The State police, to the extent necessary may also be deployed.
With the aforesaid observations, the instant writ petition shall stand disposed of.
There shall be no order as to costs.
All parties shall act on the server copy of this order duly downloaded from the official website of this Court.
Balancing the rights of political parties, ensuring a level playing field, and maintaining law and order are crucial in granting permissions for public gatherings and rallies.
The main legal point established in the judgment is that recognized political parties have the right to hold peaceful meetings, and the denial of permission must be based on sufficient reasons. The c....
The right to assemble peacefully under Article 19 is fundamental but subject to reasonable restrictions to maintain public order, especially in light of past violence.
Art. 19(1)(b) of the Constitution guarantees the fundamental right of every citizen to hold peaceful assembly or processions, the same is not an absolute right.
The right to conduct processions or hold public meetings can be regulated in the interest of all, but must not be abridged or denied. Religious processions cannot be prohibited or curtailed solely ba....
The right to freedom of speech is fundamental but subject to reasonable restrictions to ensure public order, especially in contexts of communal tension.
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