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TIRTHANKAR GHOSH
Raat Dokhol (Nari-Trans-Queer) Aikyamancha – Appellant
Versus
State of West Bengal – Respondent
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 the
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 right to assemble is constitutionally protected but subject to reasonable restrictions in light of public safety.
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 g....
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.
Point of law : Right need to be balanced with other contrasting fundamental rights and is subject to reasonable restrictions indicated in Articles 19(2) and (3). Therefore, the mere fact that batch o....
The need for a specific representation for the rally and the court's discretion in granting permission with restrictions.
The main legal point established in the judgment is the recognition of the fundamental right to peaceful assembly and protest, subject to reasonable restrictions, and the duty of the State to respect....
The democratic right of individuals to conduct public meetings to draw attention to government issues and the authority's responsibility to consider representations for public events while imposing r....
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