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2025 Supreme(Online)(Cal) 2065

CALCUTTA HIGH COURT
Tirthankar Ghosh, J
Pritam Sarkar – Appellant
Versus
The State of West Bengal – Respondent


Advocates:
For the Appellants/Petitioners: Mr. Billwadal Bhattacharyya, Mr. Moyukh Mukherjee, Mr. Anish Kumar Mukherjee, Ms. Sagnika Banerjee, Ms. Sarmistha Basak, Mr. Tamoghna Pramanick
For the Respondents: Mr. Swapan Banerjee, Ms. Sumita Shaw, Mr. Soumen Chatterjee

Petitioner has approached the Joint Commissioner of Police Headquarters, Lalbazar with an application on or about 22nd July, 2025 for organizing a peaceful rally on 29th July, 2025 from 400 p.m. onwards starting from Sulekha More, Jadavpur and concluding at Garia More. Petitioner expects about 1,000 participants to be present in the rally and intends to extend all necessary assistance for such rally.

Mr. Banerjee, learned advocate appearing for the State has objected and submitted that stringent conditions may be imposed for such rally.

State has forwarded the following conditions to be imposed.

(i) “Let the petitioner and their associates hold a peaceful “rally/procession” with not more than 750 individuals on 04th August, 2025 starting from Sulekha More, Jadavpur and concluding at Garia More between

4.00 p.m. to 7.00 pm.

(ii) The organizers and volunteers would ensure that one third of the road is only occupied for the purposes of the procession and two third of the road be kept open for plying of the vehicles.

(iii) It is further directed that there cannot be an uniform stretch of the breadth of the road, accordingly the organizers would advise their participants to mould the breadth

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