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.

JUDGMENT :

Tirthankar Ghosh, J.

1. The petitioners being a registered political party have approached this Court pursuant to a permission being rejected by the Joint Commissioner of Police (HQ), Kolkata Police in respect of the prayers advanced by them for observing its 5th inauguration day at Shahid Minar Maidan, Kolkata. The petitioners informed the police authorities that they have been granted necessary clearances from the Military Authorities for using Shahid Minar Maidan on 21st January, 2025. However, in response to the permission sought for on 4th of January, 2025, by a communication dated January 14, 2025, the Joint Commissioner of Police was pleased to pass the following orders:

“With reference to your email dt. 04.01.2025 reg. public meeting at Shahid Minar Maidan, Kolkata on 21.01.2025, this is to inform that your schedule programme cannot be allowed keeping in mind the history of violence that happened during your programme on 21/01/2023 at Rani Rasmoni Avenue (R.R. Avenue), Kolkata where more than 2000 members/ supporters of your Party gathered and held the meeting and after the meeting at R.R. Avenue, at around 16.00 hrs., your supporters assembled at Dorina crossing and sat down blocking the S.N. Banerjee Road & J.L. Nehru Road. They blocked the road for a considerable period and refused to lift the blockade. Police personnel tried to lift the road blockade but to no effect. Your supporters assaulted police personnel with lathi, bam, sticks, brickbats, glass bottles etc. and also damaged private and Govt. properties.

It should also be noted that there is an International Cricket Match on 22.01.2025 at Eden Gardens for which the adjacent areas of your proposed programme will be barricaded for Car Parking and spectators' movement.

However, you may hold your programme at any indoor venue.”

2. Without going into the details of the contentions advanced in the writ petition, I find that earlier in the year 2024, the petitioners preferred an application being WPA 1196 of 2024, wherein, a Co-ordinate Bench was pleased to allow the petitioners to hold such meeting at the venue on their foundation day i.e., 21.01.2024 at the stipulated time stated over there. Being aggrieved State preferred an appeal being MAT 148 of 2024 with I.A. CAN 1 of 2024, wherein, the Hon’ble Division Bench was pleased to modify the order to the extent that the venue be changed from a place in front of the Victoria House to Netaji Indoor Stadium, Kolkata.

3. The grounds so assigned by the Hon’ble Division Bench presided over by the Hon’ble the Chief Justice as is reflected in the following paragraphs are set out below:

“5. It is not in dispute that the convenor is an accused in the criminal case and he was in judicial custody for 40 days and now he has been enlarged on bail.

6. Given the fact situation, the violence has erupted on 21st January, 2023 being not in dispute, it is immaterial whether the violence occurred during the meeting or after the meeting and it is an admitted fact that violence had occurred and certain policemen are also said to have been injured. Further, in the order dated 13th January, 2024, the other three programmes, which were stated to be conducted in the vicinity have also been mentioned. Out of the three programmes, one is the Kolkata Police Marathon, which is to be held in which 25,000 participants are to participate in the programme.

7. Undoubtedly, a marathon is more important than having these rallies and meetings. If 25000 participants are expected to participate, it goes without saying that the participants will arrive at the venue much before the marathon would begin.

8. Therefore, we are of the view that the respondents/writ petitioners has to choose a different venue in stead of the venue viz., in front of Victoria House.”

4. Mr. Samim, learned advocate appearing for the petitioners, submits that the same grounds which were the foundations of rejecting the permission in the year 2024 have been emphasized by the State in