Item No 267 29.04.2025 ct.no.35 WPA 9157 of 2025 (Suman)

Shankar Bera and Ors.

versus The State of West Bengal & Ors Mr. Billwadal Bhattacharyya, Sr. Adv., Mr. Kaustav Bagchi, Mr. Anish Kumar Mukherjee, Mr. Suryaneel Das, Ms. Megha Datta, Mr. Tamoghna Pramanick.

…..For the Petitioners.

Mr. Kishore Datta, ld. AG Mr. Swapan Banerjee, ld. AGP Ms. Sumita Shaw Mr. Dipendu Narayan Banerjee, Mr. Soumen Chatterjee … For the State-Respondent(s)

Mr. Kalyan Bandopadhyay, Sr. Adv., Mr.Sirsanya Bandopadhyay, Sr. Standing Counsel, Mr. Arka Kumar Nag, Mr. Debopriyo Karan.

… For the Respondent Nos. 3 & 4 The petitioners have preferred the present writ petition as earlier they were approached by an organization, namely Sanatani Sanskar Anusilan Seba Trust for using their ground to organize Maha Sanatani Dharma Sammelan with an expected gathering of 50,000 people on 30.04.2025 from 7.00 a.m. to 8.00 p.m. on the day of Akshaya Tritiya. The petitioners being the land owners readily agreed and issued no objection certificate to the organizer trust for such Dharma Sammelan/religious congregation and as such communication was made to the police authorities vide correspondence dated 19.03.2025.

The petitioners allege that from reliable sources they have come to know that the organisers of the said Dharma Sammelan filed a writ petition being WPA 8819 of 2025 after the police authorities rejected their intimation vide letter dated 17.04.2025. It has also come to the knowledge of the petitioners that the President of the said Sanatani Sanskar Anusilan Seba Trust namely one Rameshwar Bera who was the petitioner No. 1 in the said writ petition under undue influence became hostile and subsequently took a stand of obstructing the Dharma Sammelan/religious congregation to be held on 30.04.2025.

The petitioners, therefore, themselves decided to organize the said Maha Sanatani Dharma Sammelan on the occasion of Akshaya Tritiya between 7.00 a.m. to 8.00 p.m. on 30.04.2025 over the land owned by them and to that effect an intimation has been sent to the police authorities seeking permission to use microphones and loudspeakers by way of letter dated 22.04.2025 and the same was communicated through e-mail.

The petitioners highlighted the purpose of organizing the Dharma Sammelan on the date of Akshay Tritiya i.e. 30.04.2025 and to that effect, Mr. Billwadal Bhattacharya, learned senior advocate drew the attention of the Court to the relevant part of paragraphs 8 & 9 which are as follows :- “8. It is stated that Akshaya Tritiya to Hindus has tremendous religious and spiritual significace. Akshaya Tritiya is considered to be one of the most auspicious days based on solar and lunar position.

Religious beliefs and significance of this day is about worshiping the descent of River Ganga from the heavens to the earth, the day on which the sixth Avatar of Lord Vishnu, Lord Parashuram was born, and also the day on which Sri Krishna handed over the Akshaya Patra to Draupadi during the times of Mahabharat. Akshaya Tritiya is the day of performing Tarpan (religious homage) towards deities and ancestors thereby surrendering towards deities and discharging debts towards ancestors. The said event is also significant for worshiping mother earth paying for Dhanyalakshmi (fertile crops), Dhanalakshmi (wealth) and Baibhablakshmi (prosperity). It is one of the holiest days for Hindus for spiritual upliftment and cleansing as well as improving karma by Japa (recitations), Tapa (penance), Dana (donation), Snana (ritualistic bathing) and homa (ritual by fire ceremony).

9. The petitioners state that in view of the profound religious and spiritual significance associated with Akshaya Tritiya as detailed hereinabove, the holding of the proposed “Maha Sanatani Dharma Sammelan” is not only justified but becomes an essential expression of their faith. The observance of this auspicious day through communal worship, traditional rituals and acts of devotion is deeply rooted in centuries-old Sanatani pra