##PAGE1##

ADSL 1

28.01.2026

Court. No. 25

suvayan

WPA 1895 of 2026

Prosenjit Basak

Vs.

The State of West Bengal & Ors.

Mr. Kaustav Bagchi

Mr. Debayan Ghosh

…for the petitioner.

Mr. Sirsanya Bandyopadhyay

Mr. Arka Kr. Nag

Mr. Akash Dutta

…for the State.

1. The petitioner being the Secretary of West Bengal

Disaster Management and Civil Defence Fighter’s

Association made a request to the Chief Secretary and

the Joint Commissioner of Police on January 22, 2026

for grant of necessary permission for day and night sit in

peaceful demonstration in front of Vidyasagar Statue,

College Street from January 28, 2026 to February 11,

2026 continuously by using loudspeaker and erecting

stage. Subsequently, on January 24, 2026, the petitioner

has revised his prayer and requested the Joint

Commissioner of Police to arrange an opportunity to

meet the Hon’ble Chief Minister of West Bengal or the

Hon’ble Chief Secretary of West Bengal on or before

January 30, 2026 directly for submitting his

representation with regard to the long pending demands

of the Association and if the administration will allow the

meet the Hon’ble Chief Minister of West Bengal or the

Hon’ble Chief Secretary, the petitioner will withdraw the

protest as requested by a letter dated January 21, 2026.

2

2. On January 26, 2026 by an email the request of the

petitioner to hold protest was rejected and accordingly,

the petitioner has filed the present writ application.

3. Learned counsel for the petitioner submits that the

petitioner is having old grievances which have not been

taken into consideration by the State authorities and as

such the petitioner intending to hold the demonstration

day and night in front of the Vidyasagar Statue, College

Street, Calcutta University, Kolkata.

4. Learned counsel for the State has raised objection and

submits that by an order dated January 21, 2026 the

College Street from M.G. Road crossing to Medical

College and Hospital (College Street and Surya Sen

Street crossing) is brought under the purview of Sub-

Section (2) of Section 163 of BNSS, 2023 for 60 days

from 25.01.2026 to 25.03.2026. He further submits that

the College Street is a congested area and from February

2, 2026 Madhyamik, CBSE and ICSE examination were

also started if the petitioner will allow to hold the

demonstration on the said place, the school students and

other offices and hospitals will be effected.

5. Learned counsel for the State further submits that that

from January 19, 2026 to January 21, 2026, the

petitioner was already hold the demonstration at Ramlila

Maidan and within the 10 days again the petitioner

intending to hold day and night sit demonstration. Thus

it is not possible for the State to grant permission for

every time to the petitioner to hold the demonstration.

3

6. Now the petitioner has proposed to hold the day and

night sit in peaceful demonstration at College Square at

the road facing Bankim Chatterjee Street on and from

January 29, 2026 till February 8, 2026.

7. Learned counsel for the State further raised objection

and submits that if the petitioner will apply for the same

the permission can be granted but not till February 8,

2026 it can be granted February 1, 2026 as on and from

February 2, 2026 the Madhyamik, CBSE and ICSE

examination is going to be commenced. He further

submits that the petitioner is intending to hold

demonstration day and night but the said issue is

pending before Hon’ble Division Bench of this Court.

8. Heard the learned counsel for the respective parties

perused the application, and the document relied by the

parties.

9. Though the rejection order does not reflect any reason

why the request of the petitioner for grant permission to

hold day and night sit in peaceful demonstration from

January 28, 2026 to February 11, 2026 but at the time of

hearing of the present application, the learned counsel

appearing for the State has shown the order wherein it

reveals that the College Street is being declared under

Section 163 of BNSS and the Madhyamik, CBSE and

ICSE examination was also going to be started