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Gathering For Lawful Purposes Should Not Be Restricted Without Imminent Threat To Public Order: Calcutta High Court
Rajesh Kumar
28 Aug 2024 11:31 AM IST
The Calcutta High Court bench of Justice Rajarshi Bharadwaj has held that if a gathering is not intended for unlawful purposes, it should not be restricted at a public place unless there is an imminent threat to public order. Even in such situations, the High Court held that any restrictions imposed must be fair and reasonable with a balance between individual rights and...
The Calcutta High Court bench of Justice Rajarshi Bharadwaj has held that if a gathering is not intended for unlawful purposes, it should not be restricted at a public place unless there is an imminent threat to public order. Even in such situations, the High Court held that any restrictions imposed must be fair and reasonable with a balance between individual rights and public safety.
Brief Facts:
Dr. Partha Biswas (Petitioner), who serves as the Chief Coordinator of Mission Abhaya, a philanthropic organization, sought permission to hold a peaceful solidarity rally on August 28, 2024 at 2:00 P.M. The planned route of the rally is from College Square passing through Bidahan Sarani, and concluding at OP Bhandar Bus Stop near Shyambazar Five Points Crossing. However, the Joint Commissioner of Police (HQ), Kolkata, refused to grant permission for the event. Consequently, the Petitioner requested a directive from the High Court to compel the Joint Commissioner to approve the rally.
On the other hand, the Senior Standing Counsel representing the State, didn't object to the rally itself but contended that it must be conducted peacefully and in compliance with the law.
Observations by the High Court:
The High Court noted that processions, rallies, and meetings are frequently held in the State of West Bengal, particularly in Kolkata, and that such events have occurred on weekdays organized by various groups.
The High Court referred to State of West Bengal & Ors. vs. Jagannath Chattopadhyay in MAT where the High Court held that there should be equal opportunities for all political parties to organize public events, while maintaining that law and order responsibilities rest with the State.
Further, the High Court referred to Sasanka Sekhar Dey & Ors. vs. State of West Bengal & Ors. (2017 SCC OnLine Cal 1914) where it was held that assemblies at public places should not be restricted unless there is a clear and imminent threat to public order. Restraints, if necessary, must be reasonable, minimal, and carefully balanced between individual rights and public safety.
Therefore, the High Court made the following directives to ensure a fair balance between the Petitioner's right to hold a rally and public safety concerns:
1. The Petitioner and his associates are permitted to hold the rally on August 28, 2024, from 2:00 P.M. to 4:00 P.M., with a maximum of 200 participants. The rally should proceed along the approved route from College Square through Bidahan Sarani to OP Bhandar Bus Stop near Shyambazar Five Points Crossing.
2. The Petitioner must adhere to all stipulated conditions for organizing the rally. The event should not cause undue disruption to the general public.
3. The police authorities are required to deploy a sufficient number of personnel to ensure that the rally proceeds peacefully and that public order is maintained.
4. The arrangements for police deployment and security must be overseen by the Joint Commissioner of Police (HQ), Lal Bazar, Kolkata, to ensure effective supervision and coordination.
Case Title: Dr. Partha Biswas Vs. The State of West Bengal & Ors
Case Number: WPA 21455 of 2024
Advocate for the Petitioner: Mr. Brajesh Jha, Ms. Megha Datta and Mr. Neel Chakraborty
Advocate for the Respondent: Mr. Amitesh Banerjee, SSC Mr. Rudrajit Sarkar and Mr. Debangshu Dinda
Date of Judgment: 23.08.2024
