15.01.2026 Ct-5 P.A./A.P WPA No. 736 of 2026 Sankar Ghosh Vs.

The State of W.B. & Ors.

Mr. Billwadal Bhattacharyya, Sr. Adv.

Mr. Tarunjyoti Tewari, Adv.

Mr. Anish Kumar Mukherjee, Adv.

Mr. Suryaneel Das, Adv.

Mr. Kaustav Bagchi, Adv.

Ms. Megha Dutta, Adv.

Mr. Tamoghna Pramanick, Adv.

… for the petitioner.

Mr. Kishore Dutta, Ld. AG Mr. Swapan Banerjee, Adv.

Ms. Sumita Shaw, Adv.

Mr. Soumen Chatterjee, Adv.

Mr. D.N. Banerjee, Adv.

Mr. M.K. Sadhu, Adv.

…. for the State.

The petitioner who is an elected member of the Legislative Assembly and represents a particular political dispensation seeks to organize a peaceful sit-in demonstration in front of Nabanna on 16^th January, 2026 from 10:00 A.M. to 4:00 P.M. under the leadership of the Hon’ble leader-of-opposition. 50 members of the Legislative Assembly shall participate in the said demonstration. The petitioner, by a letter issued on 10th January, 2026, sought permission for the same from the police authority. Such permission was denied by the police authority by a letter issued on 12^th January, 2026 on four fold grounds which are as follows:- “1) Nabanna, being the State Secretariat, houses the offices of several constitutional and other high dignitaries. The area is a high-security zone and remains under enhanced security protocols throughout the year. It is also a very busy area and does not have adequate space to hold any political meeting or demonstration. No political meeting / demonstration / procession is permitted in the vicinity of Nabanna. In earlier instances too, whenever organisations have sought permission to hold demonstrations near Nabanna, such permissions have not been granted, and the organisations have instead been advised to hold their programmes at alternative locations such as Mandirtala Bus Stand/under Bankim Setu Flyover. When the same issue cropped up before the Hon'ble High Court at Calcutta on earlier occasions, the above contention of the State Police was considered and accepted by the Hon'ble High Court at Calcutta. On previous occasions, the Hon'ble High Court passed orders to the effect that demonstrations and/or meetings are not permitted in and around the Nabanna area. Instead, the Hon'ble Court has allowed such demonstrations / meetings to be held at alternative location i.e Mandirtala Bus Stand, subject to certain conditions, vide the ordersheet with respect to WPA 26613 of 2024 dated 08.11.2024 and WPA 29973 of 2024 with CAN 1 of 2024 dated 20.12.2024.

2) In view of the Ganga Sagar Mela on

14.01.2026, 15.01.2026, and 16.01.2026, thousands of pilgrims will be moving towards and returning from Kakdwip by availing trains, buses. ferries, etc., through Howrah Railway Station, Howrah Maidan, Kona Expressway, and Vidyasagar Setu. Any meeting/ demonstration or procession during the said period is likely to obstruct the smooth movement of pilgrims and may pose a serious threat to public safety.

3) Provisions of section 163 Bharatiya Nagarik Suraksha Sanhita, 2023 have been promulgated in the area around Nabanna and remain in force throughout the year.

4) Nabanna is a very busy area and allowing any demonstration in that place will disrupt normal traffic flow and also cause serious inconvenience to school students, office goers and the general public.”

Learned counsel for the petitioner submits that the demonstration is intended to be held by none other than elected members of the Legislative Assembly with the object of protesting against the alleged interference with lawful investigation and misuse of State machinery by the Hon’ble Chief Minister of West Bengal accompanied by other police officials and high-ranking bureaucrats of the State administration on 8^th January, 2026. Placing reliance on the authorities in Union of India v/s. Association for Democratic Reforms and Another reported in (2002) 5 Supreme Court Cases 294 and Himat Lal K. Shah v/s. Commissioner of Police, Ahmedabad and Another reported in (1973) 1 Supreme Court Cases 227, learned counsel submits that t