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 court emphasized the need for a level playing field for all political outfits and the importance of ensuring a peaceful assembly.

JUDGMENT :

Jay Sengupta, J.

This is an application praying for a direction upon the respondent authorities to cancel, withdraw and quash the rejection/denial letter dated 13.01.2024 issued by the Joint Commissioner of Police, Kolkata and to allow the petitioners to hold a peaceful meeting in front of Victoria House or at any other place near Victoria House on 21.01.2024.

2. Exception filed on behalf of the petitioners in respect of the report of the State is taken on record.

3. Learned counsel appearing on behalf of the petitioners submits as follows. The petitioner no.1 is a registered political party under Section 29A of the Representation of Peoples Act, 1951 for contesting elections and for well-being and welfare of the public at large. The petitioner no.2 is the General Secretary of All India Secular Front (ISF, for short). The petitioners undertake various programmes in the State of West Bengal like rally, procession, peaceful assembly and several movements in democratic manner. The petitioners wanted to celebrate the Foundation Day of the petitioner no.1 on 21.01.2024 by conducting a mass meeting in democratic and peaceful manner in front of Victoria House or any other adjacent place. Accordingly, the petitioner no.2 sent an intimation to the respondent authorities on 24.12.2023 along with proposed map by e-mail. They intended to construct a makeshift “Mancha” measuring about 30ft./30ft. and 20ft. in height. There would be DSLR cameras, loudspeakers in 40 numbers and assembly of about 5000 people. It was stated that about 50 vehicles included buses could be there for parking. But, the respondent authorities asked the petitioner to apply in the prescribed format. The petitioners did so on 02.01.2024, which was received by the respondent authorities on the next date. In the said format, there is no place for suggesting any alternative or adjacent place. The respondents replied by a communication dated 13.01.2024 denying permission to hold such rally on several unspecified grounds. As regards the grounds stated therein, the Kolkata Police Marathon supposed to be held at 12 noon on the same day is at a different place. The programme of the SUCI party is also at R. R. Avenue near the Shahid Minar, which is not the same place as the venue sought. There is a mention of a Vintage Car Rally supposedly organized by the Statesman which is slated to start at 9 AM on that date, pass through the same road and is to continue for 2 hours. The petitioners are ready to start their function much after the conclusion of such programme and are willing to give a clear passage even during the time when the meeting would be held. The petitioners are willing to reduce the number of participants and take all possible measures and furnish undertakings for holding the meeting/rally. Actually, it has been an effort of the present Administration not to allow anyone else other than the ruling political party to hold a rally in front of the Victoria House. For some reason, they want to keep it exclusive for the ruling political dispensation. But, this is not permissible in law. Another organization, which sought such permission and was denied the same had to approach this Court. By an order dated 20.11.2023 passed in WPA 26206 of 2023, this Court allowed the said organization to hold a meeting/rally. This was affirmed by the Division Bench on 24.11.2023 in the appeal being MAT 2283 of 2023 preferred by the State.

4. Learned Advocate General representing the State relies on the report and submits as follows. The allegations made in the writ petition and the exception are denied. As would be evident from the decision of the Hon’ble Apex Court in Amit Sahni (Shaheen Bagh, In Re) –vs-Commissioner of Police and others, (2020) 10 SCC 439, the right to assembly is subject to reasonable restrictions and nobody has a right to occupy a particular place for an indefinite period. The reasons for which the meeting cannot be allowed had clearly been mentioned in the res