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.

JUDGMENT :

(Tirthankar Ghosh, J.)

1. The petitioner no. 1 claims to be an organization namely, Raat Dokhol (Nari-Trans-Queer) Aikyamancha, the responsibility of which is taken by petitioner nos. 2 to 5 who volunteers for espousing the cause in the writ petition and takes the responsibility of the rally which they have proposed and pleaded in the writ petition.

2. It has been contended that the organizers intend to protest and create public awareness for exercising the constitutional rights of the citizens for the purpose of the unfortunate incident which occurred at R.G. Kar Medical College and to that extent intends to hold a protest rally on 16.01.2025 on and from 1.30 p.m.

3. One of the several demands in the said rally relate to proper investigation and speedy trial of the accused persons and for unveiling the actual truth to the public at large.

4. Petitioners to that extent by way of e-mail communicated to the Joint C.P. Headquarters on or about 30.12.2024 informing the said office that they would organize a rally from Wellington Square to Rani Rashmoni Avenue on 16.01.2025, the said rally would start at 1.30 p.m. from Wellington Square and after reaching Rani Rashmoni Avenue there would be a sit-in demonstration and a representative team will go to Nabanna for submission of their demand charter.

5. Petitioners have enclosed another e-mail which is a reply from the Joint Commissioner of Police Headquarters on Sunday, 12.01.2025 which refers to “rally and deputation in Nabanna on 16.01.2025” and a reply from the said office in reference to the e-mail dated 30.12.2024 wherein it was informed that the scheduled programme “cannot be processed” since a petition vide WPA (P) 08 of 2025 (Bharat Mishra vs. State of West Bengal) has been filed before the Hon’ble High Court, Calcutta.

6. There are subsequent e-mails which have been enclosed but which are of not much relevance for determination of the issues canvassed in the present writ petition.

7. Mr. Ahammed, learned advocate appearing on behalf of the petitioners submits that only 100 persons would be participating in the rally which will commence from Wellington Square and would culminate at Rani Rashmoni Avenue wherein at the conclusion there may be a gathering by way of concluding speech.

8. So far as the issue relating to submission of demand charter to the Chief Secretary, State of West Bengal and sit-in demonstration at the destination being Rani Rashmoni Avenue is concerned, learned counsel for the petitioners has waived his right in respect of the same.

9. Mr. Bandopadhyay learned senior standing counsel appearing on behalf of the State has opposed the foundation of the writ petition, firstly on the ground, that the application which was forwarded was not in a proper format which was to be addressed and is available according to him in the Kolkata Police Website but an informal communication was made to the Joint Commissioner of Police Headquarters.

10. Learned Senior Standing Counsel also submitted that the pleadings in the writ petition and the representation which was addressed to the Joint Commissioner of Police Headquarters are completely different. No number of participants were expressed in the communication dated December 30, 2024, neither permission was obtained from the Army Authorities for usage of Rani Rashmoni Avenue.

11. In respect of the contention for a representative team to visit the State Secretariat at Nabanna, the Howrah Police Commissionerate has also not been impleaded as a party.

12. Additionally, it has been contended that the organisation has represented itself in such a manner that fixing up of responsibility on a particular person or group of persons is very difficult for the administration.

13. Lastly, it has been contended that the route which has been proposed is bound to cause public inconveniences which would, in fact, fall within the reasonable restrictions as has been incorporated in Article 19 of the Constitution of India. To that effect, learne