Calcutta High Court Allows 'Peaceful Meeting' By All India Secular Front To Commemorate 'Foundation Day' On 21st Jan

[Update: A division bench presided over by Chief Justice TS Sivagnanam has partially modified the single-bench order upon appeal by the State and directed the petitioner's to hold their rally at another Indoor Stadium offered by the State and not Victoria House.]

The Calcutta High Court has allowed a plea by the Indian Secular Front (ISF) to hold a peaceful meeting in front of Victoria House in Kolkata on 21st January 2024.

State had objected to the venue of the meeting on the grounds that there were multiple events occurring around Victoria House on the same day and hence had suggested an alternative venue for the same. It also argued that in 2023, a meeting by the same organisation had led to offensive sloganeering.

In allowing the plea by the ISF, a single bench of Justice Jay Sengupta held:

These and the nearby areas are the places where traditionally meetings, assemblies and rallies take place. There has to be some better and more cogent reason for not allowing a meeting to be held at the particular place, especially when a permission had been sought quite some time back. The issues of disturbances having taken place in the previous year's meeting are pending decision. It may have to be found out whether these acts were initiated by the other alleged miscreants or not. But, it is not for this Court to delve into such issues.  

Petitioner's submitted that they were a registered political party under Section 29A of the Representation of Peoples Act, 1951.

It was argued that petitioners undertake various programmes in the State of West Bengal like rallies, processions, peaceful assemblies and several movements in a democratic manner, and wanted to celebrate their Foundation Day on the 21st of January.

It was submitted that all the necessary details had been sent to the authorities for permission, which was denied by the State on the grounds that other events such as the Kolkata Police Marathon, a Vintage Car Rally, meetings by other organisations etc.

It was argued that the petitioners were ready to commence their meeting after the conclusion of other events and allow them clear passage as well as reduce their number of participants and furnish undertakings to that effect.

Advocate General for the State, submitted that the right to assembly is subject to reasonable restrictions and nobody has a right to occupy a particular place for an indefinite period.

It was argued that the meeting is to be held on a day when various other events would be ongoing at the same venue, potentially leading to disturbance and that even in their earlier meetings, members of the petitioner organisation had suddenly started damaging vehicles, attacking police personnel present and created a chaos in the streets of Kolkata.

However, in negating these submissions, the Bench held that the petitioner had a right to choose a place to hold an assembly or meeting, especially on their foundation day and that the state had been unable to show sufficient reasons to interdict the same. It concluded:

If necessary assurances and undertakings are taken from and/or particular person/s are named as the persons responsible for holding the rally, there should be no difficulty in ensuring a peaceful assembly. Similar restrictions can be put on the number of participants and vehicles to be used. This Court does not find any justifiable reason for the State/respondents not to permit the petitioners to hold such meeting at the said venue on their Foundation Day i.e. on 21.01.2024 at a stipulated time.

Accordingly, it laid down guidelines and allowed the meeting of the petitioner organisation to go ahead as planned. 

Citation: 2023 LiveLaw (Cal) 23