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JAY SENGUPTA
All India Secular Front (ISF) – Appellant
Versus
State of West Bengal – Respondent
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
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.
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 court reinforced the importance of freedom of speech and assembly, ruling that authorities must provide valid justifications for denying permission to hold public meetings, as such rights are fun....
The fundamental right of a citizen of India to hold a peaceful rally or meeting, subject to reasonable restrictions, was upheld by the court.
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.
The court must balance the right of the political party to conduct a political meeting with the apprehensions raised by the police due to recent violent incidents, ensuring that any permission grante....
The main legal point established in the judgment is the need to balance the right to hold peaceful assembly with the right of the public to carry on with normal life and activities, and the impositio....
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