The main legal point established in the judgment is the affirmation of conditions imposed on rally permissions to ensure peaceful and orderly conduct, particularly emphasizing the responsibility of government employees in conducting themselves appropriately.

JUDGMENT :

1. This intra-Court appeal by the State of West Bengal and its officers is directed against the order dated 13th March, 2024 in W.P.A. 7218 of 2024. The said writ petition was filed by the respondent no.1/organization, which is the State Co-ordination Committee of the West Bengal Government Employees’ Organizations and Unions. In the said writ petition, the said organization prayed for issuance of a writ of mandamus to allow the organization and its members to conduct rally from Howrah Launch Ghat to Nabanna Bus Stand on 14th March, 2024 at 1: 00 p.m.

2. Prayer was also made to set aside the order passed by the Assistant Commissioner of Police (Headquarters, Howrah Police Commissionerate) dated 5th March, 2024 by which the permission for the conduct of the rally in the proposed route was declined and simultaneously an alternative route was suggested.

3. The learned Single Bench after hearing the parties by the impugned order has observed that since the writ petitioners/organization have undertaken before the Court to hold peaceful rally on the proposed route, they should be allowed to hold the rally and meeting. Further the condition was imposed that the rally shall follow a single line without causing any obstruction whatsoever to any traffic or vehicular movement and the organization and the participants shall be bound by other usual terms and conditions that may be stipulated by the Howrah Police.

4. Since the organization had stated in their application dated 28th February, 2024 that about 1500 State Government employees are to participate, the learned Single Bench observed that the organization should restrict the number. Accordingly, the writ petition stood disposed of. Aggrieved by such order and direction, the present appeal has been filed.

5. We have elaborately heard the learned Advocate General appearing for the appellants and Mr. Bikash Ranjan Bhattacharya, learned senior counsel appearing for the respondent no.1/writ petitioner.

6. Undoubtedly, among other things, Misti Doi, Luchi and Aloo Posto are inextricably part of the Bengali culture so as, it appears, public rallies, meetings etc. are all also part of this culture. It is the opinion of one of us (T.S.S., CJ.) that, every, Bengali is a born orator born in a state rich in culture and heritage. The issue on hand is a rally, which is to take place today (14.03.2024) stated to commence at 1:00 p.m.

7. As recorded by the Hon’ble Division Bench in its order dated 13th March, 2024, based on the submissions of the learned Advocate General, the participants in the rally are to gather by around 10 a.m. and the said time has passed, as we are at 11:30 a.m. today. Nonetheless, the men in white, the traffic police, be it the Kolkata Traffic Police or the Howrah Police are well-equipped to handle any such situation as in the past they have handled more than 34 to 36 rallies/protests/meetings in a single day in Kolkata, which were brought to our notice by the learned Advocate General, when we were hearing an appeal filed by the State Government against an order granting permission to conduct a meeting/rally.

8. We are of the opinion that the permission granted by the learned Single Bench is not unconditional but, it contains requisite checks and balances. Apart from that, the organizers of the rally are employees of the Government of West Bengal as the applicant viz. respondent no.1 is a Committee called as the State Coordination Committee of the West Bengal Government Employees Associations and Unions. If that be so, each member of the organization/union, which is affiliated to the State Federation or Committee owes a duty and responsibility to the society as well as to the State. Therefore, the Court has no doubt in its mind that the participants in the rally will conduct themselves in such a manner befitting of a Government employee.

9. The learned senior advocate appearing for the respondent/organization has undertaken before this Court that they will conduc