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Calcutta High CourtWPA/1413/2024disposed

Barabazar Progressive Traders Association And ORS v. State Of West Bengal And ORS.

2024-01-19Hon'Ble Justice Jay Sengupta3 pages

January 19, 2024 AD 13 Ct. No.14 SG WPA 1413 of 2024 Barabazar Progressive Traders Association and others vs.

The State of West Bengal and others .

Mr. Saunak Bhattacharya Mr. Amal kumar Saha Ms. Akansha Mukherjee Mr. Iresh Paul Ms. Granthana Pal ... for the petitioners Mr. Amitesh Banerjee Ms. Ipsita Banerjee Mr. Rudrajit Sarkar Mr. Debangshu Dinda ... for the State Mr. Alak Kumar Ghose Mr. Arijit Dey ... for the KMC Affidavit of service filed in Court is taken on record. Learned counsel appearing for the petitioners submits as follows. The petitioners applied before the respondent authorities for holding a programme for 'Bhajan' followed by 'Prasad Distribution' on 22nd January, 2024 on the auspicious occasion of "Pran Pratistha of Lord Ram at Ayodha." Now they also pray for organising live telecast of the inauguration ceremony of Lord Ram at Ayodha on 22nd January, 2024. Such permission was sought much before the date and time was fixed for "Pran Pratistha." So, the permission for organising live telecast could not be sought. Money has

already been received by the KMC for having a stage put up.

Learned senior counsel appearing for the State submits as follows. The area that the petitioners have chosen is a very congested one. It will not be proper to allow such gathering, especially before 2 pm. Learned counsel appearing for the KMC submits that it is a particular wing of the KMC that has received charges for the petitioners to bring up a stage at the relevant place.

It appears that no permission has been sought to organise live telecast of the inauguration programme from the respondent authorities. Therefore, there shall be no assembly before 2 pm. However, the organisers shall be at liberty to place a screen at the said area for live telecast of the inauguration ceremony.

The said programme for which permission has been sought will be allowed to be undertaken only at 2 pm and shall be concluded by 5 pm. A maximum of 60 participants should be there at the venue.

The participants shall nominate two persons who shall be held responsible for holding such programme and their names shall be supplied to the police authorities.

The participants shall abide by all prevailing laws including sound norms.

The police shall also keep a sharp vigil at the locale and ensure that no breach of peace takes place.

With these observations, the writ petition is disposed of.

Urgent certified copies of this order, if applied for, be supplied to the parties upon compliance of all requisite formalities.

Parties shall act on a server copy downloaded from the official website of this Court.

[ Jay Sengupta, J. ]