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Calcutta High CourtWPA/2790/2026disposed

Jubi Saha And ANR v. State Of West Bengal And ORS.

2026-02-05Hon'Ble Justice Suvra Ghosh2 pages

05.02.2026 rc/ct.no.05 Item No.SL-01 WPA No. 2790 of 2026 Jubi Saha & Anr.

Versus

The State of West Bengal & Ors.

Mr. Samim Ahmed Md. Nasirul Haque ..for the Petitioner Mr. Vivekananda Bose Mr. Tirthankar Dey ...for the State The petitioners seek to organize a rally and a deputation this day from Berachapa Chandraketu Garh to the BDO Office and sought permission for the same before the police authority on February 01, 2026. The said permission was refused by the authority at about 11.20 pm on February 04, 2026.

Learned counsel for the State submits, on instruction, that the application is vague and does not contain the required details. Also, SIR hearing is in progress at the BDO Office and such deputation cannot be allowed there till the hearing is concluded. There is a school at a distance of about 100/150 meters away from Berachapa Chandraketu Garh and the BDO Office and since Madhyamik examination is going on, such permission cannot be granted now. The petitioners have been requested to postpone their programme.

Learned counsel for the petitioners submits that the petitioners shall organize the programme 500 meters away from the school.

On prayer of the petitioners, liberty is granted to submit a comprehensive application before the police authority indicating the details of the programme at the earliest. The police authority shall consider the said application and respond to the same within seventy-two hours of receipt thereof.

Since the application filed by the petitioners was not turned down and there was only a request for postponement, it is expected that the parties shall sit together and arrive at a consensus with regard to the rally and the demonstration.

The writ petition is disposed of.

There shall, however, be no order as to costs. Since no affidavit is invited, the allegations contained in the writ petition are deemed not to have been admitted.

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

(Suvra Ghosh,J)