Calcutta High Court Quashes Ban On Football Supporters Entering Stadium With 'Tifo' Demanding Justice For RG Kar Rape-Murder Victim

The Calcutta High Court has set aside a state government order banning supporters of Mohun Bagan Football Club from entering the Salt Lake Stadium with a large 'tifo' protesting the rape and murder of a trainee doctor at RG Kar Medical College and Hospital, during their team's match.

A division bench of Justices Harish Tandon and Hiranmay Bhattacharya held:

These activities are acclaimed as the sports activities of enjoyment and amusement but also inculcating a sense of discipline and, therefore, the supporters by using 'TIFO' are more responsive and used it for showing support to the team or its members to encourage them in order to achieve the desired result as expected by the said supporters. 'TIFO' means a flag or picture held up by the supporters of a team in a football match and, therefore, those displays are made for a short period of time or at intervals. Obviously, the viewers while using those 'TIFO' are conscious of their fellow viewers and, therefore, there should not be an apprehension of the State in this respect.

Counsel for the petitioners argued that while initially supporters had planned to carry drums, those may create noise pollution and should not be carried, but the 'TIFO' which is a seminal part of the cheering activities and for boosting the morale of the team and its players, cannot be restricted as a prohibitory item.

Counsel for the state argued that a 'TIFO' may be a view-cutter, causing inconveniences to other viewers and to avoid any scuffle in this regard, the aforesaid restriction/ prohibition was imposed.

Upon hearing the parties, the court held that 'TIFO' is an integral part of sports activities where the morale of a team or its supporters at times receive a boost from the supporters and at times celebrate a particular moment during the match

However, it held that 'TIFO' can be written on, but must be made of soft material and not hard material on which restrictions can be imposed.

Case: Mayukh Biswas vs State of West Bengal

Case No: WPA (P) 372 of 2024

Citation: 2024 LiveLaw (Cal) 194

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