'Political Outfits Of Different Hues Entitled To Level Playing Field': Calcutta High Court Allows Public Meeting In Purba Medinipur

The Calcutta High Court has allowed a plea seeking to hold a public meeting, upon noting that organisations, including political parties of different hues, are entitled to a level playing field. 

A single bench of Justice Jay Sengupta observed that while citizens possessed the right to peacefully assemble under the Constitution, the same would be subject to reasonable restrictions. It said:

It is well settled that organizations, including political outfits of different hues, are entitled to have a level playing field. Therefore, let the public meeting be held peacefully at the venue and at the date and time as stipulated by the petitioner. The police shall grant necessary permission as required. It is made clear that during the meeting the participants and the speakers shall adhere to all applicable norms regarding a public gathering including as regards use of loudspeakers not beyond the permitted decibel. There shall be no use any foul language or inciting of violence.

It was submitted by the petitioner that he was planning to organise a public meeting in Khejuri, Purba Medinipur, to raise issues of 'public importance' and that emails were sent to the local police station as well as the Superintendent of Police for necessary permissions. 

Petitioner argued he had also handed over physical copies of his representations to the authorities as well. 

It was submitted that in spite of these efforts, the police had yet not granted permission for the meeting, even though the petitioner had provided all details which were required to the police. Petitioner told the Court that he had also obtained a no objection from the owner of the land where the meeting was to be held. 

It is only in case of meetings to be organized by opposition political parties and organisations that the police drag the matter and create obstacles, it was submitted.

State counsel on the other hand, relied on the police's report and submitted that certain queries had been posed to the petitioners by the police, which had since been answered.

Upon hearing the parties, the Court held that the petitioner had taken all the requisite steps in obtaining permission for the public meeting, which was his right as a citizen, and accordingly allowed it with reasonable restrictions.

The police were directed to facilitate the meeting by ensuring the safety of the attendees as well as the local residents of the area.

Citation: 2023 LiveLaw (Cal) 339

Case: Manik Brahma Versus The State of West Bengal & Ors.

Case No: WPA 26850 of 2023

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