Calcutta High Court: In an appeal against the order of Single judge bench allowing to hold a rally in Howrah making various demands including hike in salary by the State government employees, a division bench comprising of T.S Sivagnanam CJ., and Hiranmay Bhattacharyya, J., affirmed the Single Bench’s decision, emphasised on the need for responsible conduct during rallies and suggested alternatives to minimize disruption to public life.
In the instant matter, the respondent, State Co-ordination Committee of the West Bengal Government Employees’ Organizations and Unions, filed a writ petition seeking a mandamus to conduct a rally from Howrah Launch Ghat to Nabanna Bus Stand on 14-03-2024, at 1:00 p.m. after the Assistant Commissioner of Police declined permission for the rally on the proposed route and suggested an alternative route. A single-judge bench, vide order dated 13-03-2024 allowed the rally on the proposed route with conditions, including maintaining single-file formation without obstructing traffic and limiting the number of participants. Aggrieved by the impugned order, the State of West Bengal and its officers appealed against the same.
The Court stated that “undoubtedly, among other things, Misti Doi, Luchi and Aloo Posto are inextricably part of the Bengali culture so as, it appears, public rallies, meetings etc. are all also part of this culture.” The Court acknowledged the cultural significance of rallies but emphasized the importance of ensuring minimal disruption to public life. Despite concerns about timing and potential inconvenience, the Court trusted the traffic police’s ability to manage the situation.
The Court upheld the Single Bench’s decision, noting that the conditions imposed were reasonable given the circumstances. The Court directed the organisers to ensure the rally remained in motion and restricted the number of participants to minimize disruption. The Court also urged organisers to explore alternative means of expressing grievances to avoid inconveniencing the public in the future. The appeal was dismissed, and the case was disposed of with the provided observations and directions.
[State of W.B. v. State Co-ordination Committee, 2024 SCC OnLine Cal 2727, order dated 14-03-2024]
Advocates who appeared in this case :
Mr. Kishore Dutta, Ld. A.G., Mr. Amitesh Banerjee and Mr. Debangshu Dinda, Counsel for the Appellants
Mr. Bikash Ranjan Bhattacharya, Sr. Adv. with Mr. Samim Ahammed, Ms. Saloni Bhattacharya, Mr. Gulsanwara Pervin and Mr. Ambiya Khatun, Counsel for the Respondent
Equating right to dissent such as organising rallies and protests to a culture is not correct and reductionist.