Nurnabi Mondal v. State Of West Bengal And ORS.

09 22.01.2024 NB Ct. 14 WPA 1492 of 2024 Nurnabi Mondal Vs.

The State of West Bengal & Ors.

Mr. Sabyasachi Chatterjee, Mr. Sandipan Das, Mr. Sayak Banerjee, Mr. Kiron Sk., Mr. Dipankar Das, Mr. Sarajit Roy, Ms. Suparna Dutta.

...for the petitioner.

Mr. Amitesh Banerjee ld.SSC., Ms. Ipsita Banerjee.

...for the State.

Affidavit of service filed on behalf of the petitioner is taken on record.

Learned counsel appearing on behalf of the petitioner submits as follows. The writ petitioner is aggrieved that his client is not being given permission to hold a religious 'Jalsa' at Gopalnagar under the Police Station-Gopalnagar, North 24Parganas because he seeks to invite Pirzada Md. Abbas Siddiqui. Similar situations had arisen earlier in writ petitions WPA 25855 of 2022 and WPA 26388 of 2023. The petitioner had to approach this Court when necessary permission was granted to hold 'Jalsa'. The permission of the owner of the land has already been taken.

Learned senior standing counsel representing the State submits as follows. The allegations made in the writ petition are denied. However, the land they have chosen cannot

accommodate more than 500 or 600 people. Earlier experience shows that whenever 'Jalsa' is held by the said speaker this would be a gathering of about 5000 people.

The petitioner undertakes to hold a peaceful 'Jalsa' strictly in accordance with law and applicable rules and restricts the number of participants to about 600.

Let the respondent authorities permit the petitioner to hold 'Jalsa' at the venue on 25th January, 2024. There shall be no use of foul language or inciting of violence.

If any audio instrument is used, the same has to be within permissible sound limits.

The number of participants shall not exceed roughly 600. The organisers shall nominate four persons from among themselves and give those names to the police authorities who shall be held responsible for conducting the programme. The police authorities shall deploy adequate number of police personnel to ensure that no breach of peace takes place. They shall also ensure that no inconvenience is caused either to the participants or to the passersby or to the local residents.

With these observations, the writ petition is disposed of. Urgent photostat certified copy of this order may be supplied to the parties expeditiously, if applied for. (Jay Sengupta, J.)