'Ensure No Breach Of Peace': Calcutta High Court Allows Primary Teachers' Welfare Association To Conduct Peaceful Protest Rally

The Calcutta High Court on Thursday allowed a Primary Teachers' Welfare Association to conduct a peaceful protest rally on June 11 from Raja Subodh Mullick Square Park to Rani Rashmoni Avenue in Kolkata. 

Justice Shampa Sarkar however imposed a host of conditions and further underscored that the police authorities shall be at liberty to ensure that no breach of peace takes place and law and order is maintained.

The Court further noted that the police authorities have not objected to such a rally and that the petitioner wishes to have a peaceful rally with limited number of loudspeakers and vehicles. The conditions imposed by the Court are as follows, 

a) The protest rally through the route as mentioned hereinabove, shall be held peacefully strictly between 12.00 noon to 4.00 p.m. The loudspeakers, if used, shall be within the permissible sound limit.

b) Banners and placards will be permitted, but instigating speeches and abusive language will not be permitted.

c) The rally shall be moving in a way that the common passerby and the vehicular passage is not disturbed.

d) The procession will end at Rani Rashmoni Avenue and the protesters may hold a meeting at Rani Rashmoni Avenue for not more than an hour.

e) The assembly at Rani Rashmoni Avenue shall end by 3.45 p.m. and the entire crowd shall disperse by 4 p.m.

The instant plea had been filed on the ground that the Commissioner of Police, Kolkata did not grant permission to Utshi United Primary Teachers Welfare Association to take out a peaceful procession on June 11, 2022 from Raja Subodh Mullick Square Park to Rani Rashmoni Avenue.

The association wanted to organise a protest rally on June 11, 2022 between 12 noon and 4 p.m with around 3,000 people and 5 vehicles and 20 loudspeakers. Accordingly, a permission was sought for from the Commissioner of Police, Kolkata. However, it was alleged that the Commissioner of Police, Kolkata has not responded to such request dated May 31, 2022 following which the instant plea was filed. 

During the proceedings, senior advocate Amitesh Banerjee appearing for the State apprised the Court that the either the Commissioner of Police nor the officer of Kolkata Police have ever objected to peaceful marches. It was further submitted that in case, it is found during such rally that the protesters obstruct the traffic or cause damage to any property or commit public nuisance, the police authority must be allowed to take preventive measures.

Case Title: Usthi United Primary Teachers Welfare Association & Anr v. The State of West Bengal & Ors 

Case Citation: 2022 LiveLaw (Cal) 231 

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