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TIRTHANKAR GHOSH
All India Secular Front (ISF) – Appellant
Versus
State of West Bengal – Respondent
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:
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.
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 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 peaceful protest is a fundamental right under Articles 19(1)(a) and 19(1)(b) of the Constitution, and proceedings against leaders of a peaceful protest were quashed due to lack of direct....
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 recognition of the fundamental right to peaceful assembly and protest, subject to reasonable restrictions, and the duty of the State to respect....
Art. 19(1)(b) of the Constitution guarantees the fundamental right of every citizen to hold peaceful assembly or processions, the same is not an absolute right.
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