Calcutta High Court Allows Rally To Be Addressed By RSS Chief Mohan Bhagwat In Bengal

The Calcutta High Court has allowed a rally by the Rashtriya Swayamsewak Sangh (RSS) to be addressed by the organisation's 'Sarsanghachalak' Mohan Bhagwat in Kolkata. 

Justice Amrita Sinha allowed the rally to go ahead after the State had denied permission for the same due to the ongoing Madhyamik exams in nearby schools, over the use of loudspeakers.

In noting that the rally was scheduled for a Sunday, Justice Sinha held: 

Admittedly, the Madhyamik Examination is ongoing. However, as the event has been scheduled on a Sunday which is a holiday and, that too, for only 1 hour and 15 minutes and, according to the instruction of the State respondents, the nearest school in the locality is nearly 500 meters away from the SAI complex, hence, there is no scope for causing any interference or disturbance to the examinees at the time of the examination.

The Court, accordingly, permits the petitioner to conduct the event in such a manner so that it does not cause any inconvenience to any of the examinees who may be busy with their examination preparation. The petitioner should behave in a responsible manner and ensure that the sound is kept to the minimum level so as not to cause any difficulty or problem to any person whatsoever, she added.

 The petitioner in the present case was acting as the Zilla Karyavaha of the RSS. It was submitted that RSS Chief Bhagwat intended to address the volunteers of the RSS and their families at the Sports Authority of India Complex in Bardhaman on 16th February 2025.

It was stated that the Sports Authority of India had permitted the petitioner to organize the said event but the Department of Environment was not permitting the petitioner to use a microphone or sound boxes to address the gathering.

According to the petitioner, without the use of the sound system, the message of the speaker cannot reach the gathering. According to the petitioner, loud speakers will not be used in the said event. It is only sound boxes that will be used and the sound will be limited within the place where the event will be held.

It was submitted in the writ petition that the two schools near the venue are approximately 1 and 2 kilometres away from the outer wall of the subject complex. The event will be held on a Sunday and will not interfere with the examinations as no examination is scheduled on a Sunday.

Advocate General opposed the said application. It has been submitted that the prohibitory order is a general order and it is in place since 2022 onwards. The said prohibitory order has been passed in compliance of the order passed by the High Court which prohibits the use of loud speakers/public address systems in areas where educational institutions are located, from three days prior to the commencement of exams.

It was stated that such restriction has been imposed in the interest of smooth conduct of the examinations as some of the aforesaid examinations are ongoing. The petitioner ought to have been aware of such restriction and should have scheduled the event beyond the period that is mentioned in the prohibitory order.

Upon hearing the petitioners, the court noted that though Madhyamik exams were scheduled to be held, the event had been scheduled on a Sunday which is a holiday and, that too, for a limited time. 

Thus it allowed the rally to go ahead but directed the petitioners to be conscious of the students preparing for their exams and not cause any inconvenience to them.

Case: Shri Debasish Choudhury -versus- The State of West Bengal & Ors. 

Case No: W.P.A 3570 of 2025

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