Sl.No.

22.05.2025

5 WPA 11413 of 2025 Court No. 35 G.S.Das Jitendra Kumar Tiwari -Vs-

The State of West Bengal & Ors.

Mr. Koustav Bagchi Mr. Debayan Ghosh Ms. Priti Kar … for the Petitioner(s)

Mr. Sirsanya Bandopadhyay, ld. Sr. St. Counsel Mr. Debopriyo Karan … for the State-respondent(s)

Mr. Bagchi, learned advocate appears for the petitioner and submits that he has not received any communication from the office of the Assistant Commissioner of Police, Andal Police Station in respect of the information furnished on 08.05.2025 for conducting a protest rally on 24^th May, 2025 from Bankola Colliery Dispensary (Starting Point) to Bankola Colliery Indira Chowk (End Point). The said area is covered within the jurisdiction of Andal Police Station.

I have heard Mr. Bandopadhyay, learned Senior Standing Counsel.

Having considered the submissions advanced by both the parties, I direct that the police authorities will allow the protest rally to be conducted on 24^th May, 2025 between 3.00 pm to 7.00 pm with 500 participants. It is also directed that at the end point of the rally there will be a stage from where speakers will communicate with the gathering. So far as the area of the stage is concerned, the petitioner would communicate with the local administration and decide the same. So far as the other conditions are concerned, Sate has proposed the same, which are detailed below:

1. Speeches capable of inciting violence, provocative speeches and abusive language will not be permitted;

2. Name of the volunteers, if any, should be well furnished before commencing the rally, who will be responsible for violating the order of the Hon’ble Court’

3. Number of participants should be in accordance with the Hon’ble Court’s order;

4. No obstruction is to be created to free flow of traffic, free access to any thoroughfare or building, Ambulance, Fire Brigade or persons entitled thereto;

5. Loudspeakers shall be within the permissible limits as prescribed by the Hon’ble High Court, Calcutta and West Bengal Pollution Control Board;

6. Use of loudspeaker in open air or use of any kind of vehicular horn in ‘the vicinity of ‚SILENCE ZONE‛ area like hospitals, nursing homes, courts, universities, colleges and schools is strictly prohibited;

7. The participants in such rally shall act in a manner to ensure that there is no damage to public property, assault on any Government Servant or any other transgression of law;

8. The participants shall act in a manner to ensure that no inconvenience whatsoever shall be caused to the public at large;

9. The participants at the rally should be dispersed after the rally is over;

10. All other existing rules in vogue should strictly be adhered to‛

Mr. Bagchi, learned advocate for the petitioner, has accepted the conditions as referred to above. However, it is clarified that at least the names of 10 organizers be furnished with the police authorities with whom the police authorities in the event of crisis can communicate. The organizers will also ensure that in case of crisis, they would dissuade the gathering from creating any excitement so that peacefully the protest rally can be completed.

Accordingly, WPA 11413 of 2025 is disposed of.

Pending application(s), if any, is also disposed of.

Parties to act on a server copy of this order duly collected from the official website of the Hon’ble High Court, Calcutta.

(Tirthankar Ghosh, J.)