Court upheld prohibitory order based on law and order concerns, reaffirming state's power to impose reasonable restrictions on free assembly.

1. Heard learned counsel for the appellants and learned Advocate General appearing for the State on advance copy. Looking to the issues involved we have proceeded to dispose of the appeal finally with the consent of both sides.

2. The appeal is filed by the original petitioner, a political party. In the writ petition the prayer was for a direction to the state authorities to allow the petitioner to organize a protest rally on 22 September, 2021 against what the petitioner alleged were "terrible attacks and inhuman vandalism inflicted on media houses". The petitioner had first approached the SDPO, Sadar, Agartala under a letter dated 11.09.2021 seeking permission for holding the rally on 15.09.2021 which was rejected by a letter dated 13.09.2021 on the ground of law and order situation. On 13.09.2021 the petitioner wrote to SDPO and offered to reschedule the rally on 16 September, 2021. Permission for this was also refused by the SDPO on 13.09.2021. On 14.09.2021 the petitioner again wrote to SDPO seeking permission to hold the rally on 22 September, 2021. On 18 September, 2021 the petitioner wrote to the Director General of Police and reiterated the request for holding the rally on 22 September, 2021. When no permission was granted by the authorities, the petitioner filed the said petition and prayed for a direction noted above.

3. This petition was taken up by the learned Single Judge on 20 September, 2021. It was placed for further hearing on 21 September, 2021. On 21 September, 2021 the State Government produced a copy of the order dated 20 September, 2021 passed by the District Magistrate and Collector, West Tripura in which in exercise of powers under S.144 of Cr.P.C, he prohibited all meetings, procession, public gathering by any political party in Sadar Police SubDivision (West and East Police station areas) with effect from 6 a.m., 21 September, 2021 till midnight of 4 November, 2021. The learned Single Judge thereupon passed the judgment dated 21.09.2021 dismissing the petition which is challenged in this appeal. Perusal of the judgment would show that the learned Single Judge has examined the legality and propriety of the order of the District Magistrate and Collector, West Tripura dated 20 September, 2021. The learned Judge has reproduced the entire order and formed an opinion that it is part of the policy decision of the government and with respect to which the powers of the Court are very limited. The learned Judge observed that the District Magistrate and Collector, West Tripura had issued the order based on intimation conveyed to him by the Superintendent of Police, West Tripura under letter dated 18.09.2021 requesting him not to permit any political parties to hold meetings / processions till completion of the Dewali festivals since there is serious apprehension of breach of peace and increasing threat of 3rd wave of Covid - 19. Perusal of the record as well as the impugned judgment would show that the said order dated 20 September, 2021 passed by the District Magistrate was not in challenge in the writ petition. Learned Advocate General, however, stated that the counsel for the petitioner had insisted on the Court examining the legality of the order. Though the judgment does not reflect any such request or insistence, in our opinion, it makes no difference even if the learned Advocate General is correct in his statement. We would elaborate on this aspect somewhat later. For the time being, we may reproduce the relevant portion of the judgment of the learned Single Judge as under :
"I have perused the said prohibitory order dated 20.09.2021, and have given my due consideration. From the said prohibitory order it appears that the government has considered the various aspects on the eve of Durga puja, the greatest festi