How Constitutional Right To Hold Peaceful Demonstration Can Be Curtailed? Calcutta High Court To Police On CPI(M) Leader's Plea

A single judge bench of Justice Rajasekhar Mantha directed the Inspector-in-charge of Bhangore Police Station to explain:

“as to how the constitutional right to hold a peaceful demonstration by the petitioner, can be interfered with by issuing order under Section 144 of the Code of Criminal Procedure. The current law and order situation shall be revisited and reassessed.”

It was the case of the petitioner that he wanted to hold a political rally peacefully in Bhangore area and in the jurisdiction of Kolkata Leather Complex Police Station and Kashipur Police Station, Baruipur Police District.

In view of the volatile clash between the members of three political parties i.e. the TMC, the ISF and the CPI(M), the Inspector-in-charge, Bhangore Police Station issued an order under Section 144 of the C.P.C. due to which the petitioner was not allowed to hold such rally.

Bikash Ranjan Bhattachraya, Senior Advocate appearing for the petitioner submitted before the court that whether the Inspector-in-charge of Police Stations has been empowered to issue an order under Section 144 of the Code of Criminal Procedure by the State is not clear.

He further contended that even after the order under Section 144 of the Code of Criminal Procedure had been passed, another political party was allowed to hold a rally on 8th February, 2023.

The court noted:

“It further appears from the report of the police that two FIRs being FIR No. 12 of 2023 dated 21.01.2023 and FIR No. 13 of 2023 dated 21.01.2023 have been registered in respect of certain incident against the members of one political party. Since the police are aware of the likely trouble makers, it shall be explained as to why the situation cannot be remedied by suitable police deployment.”

The court also directed the Advocate General to represent the State and assist the two police stations in the matter.

Case Title: Tushar Kanti Ghosh v. The State of West Bengal & Ors.

Coram: Justice Rajasekhar Mantha

Click Here to Read/Download Order