Calcutta High Court: In an application challenging an order of refusal by the respondent authorities to permit a sit-in-demonstration in front of the Sourav Ganguly Cricket Coaching Camp for seven days organised by the petitioners, a single-judge bench comprising of Jay Sengupta,* J., permitted the sit-in-demonstration from 01-02-2024 at 1 PM to 04-02-2024 at 1 PM on the service road in front of Sourav Ganguly Cricket Coaching Camp subject to certain conditions.
The petitioners, a social welfare organization (petitioner 1) and its secretary (petitioner 2), sought permission to conduct a peaceful sit-in-demonstration in front of the Sourav Ganguly Cricket Coaching Camp for seven days starting from 01-02-2024, citing grievances against the illegal actions of the authorities. The police initially denied permission, citing the ongoing Calcutta Book Fair as a reason. The petitioners proposed an alternative date after the conclusion of the book fair.
The petitioners argued that the denial of permission was unjust, especially since the proposed demonstration would not interfere with the book fair after its conclusion on 31-12-2023. They sought the Court’s intervention to compel the authorities to permit the sit-in-demonstration. The State argued that while the petitioners have the right to demonstrate, it should be subject to reasonable restrictions. The chosen venue has been used for demonstrations before but for limited periods, and an indefinite demonstration could disturb the commuting of people in nearby areas.
The Court held that the petitioners have a right to demonstrate, albeit subject to reasonable restrictions. Acknowledging that the venue had previously hosted sit-in-demonstrations for a limited period, the Court directed the respondent authorities to permit the sit-in-demonstration from 01-02-2024 at 1 PM to 04-02-2024 at 1 PM on the service road in front of Sourav Ganguly Cricket Coaching Camp. The following conditions were imposed:
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The number of participants at any point should not exceed five hundred.
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The demonstration must be held peacefully, and there should be no incitement of violence or use of foul language.
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If loudspeakers/sound systems are used, they must comply with applicable norms.
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The petitioners must provide the names of individuals responsible for holding the demonstration.
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The respondent authorities must take adequate measures to ensure the protection of participants and passersby, preventing any untoward incident or breach of peace during the sit-in-demonstration.
The Court disposed of the writ petition with these observations.
[2022, Prathamik Tet Pass D. El.ED. Aikka Mancha v. State of W.B., 2024 SCC OnLine Cal 860, order dated 29-01-2024]
*Judgment by Justice Jay Sengupta
Advocates who appeared in this case :
Mr. Sabyasachi Chatterjee, Mr. Omar Faruk Gazi, Mr. Dipankar Das and Ms. Bidisha Das, Counsel for the Petitioner
Mr. Sirsanya Bandopadhyay and Mr. Arka Kr. Nag, Counsel for the Respondent/State
