Secretary Of W. B. Labour Department Self Employed Labour Organiser Welfare Association And ANR v. State Of West Bengal And ORS.

28.02.2023.

Court No.13 Item No. 6 pk W.P.A. No. 4030 of 2023 West Bengal Labour Department Self Employed, Labour Organiser Welfare Association and another

Versus

The State of West Bengal & Ors.

Mr. Sabyasachi Chatterjee, Mr. Sandipan Das, Mr. Sayan Banerjee, Mr. Badrul Karim, Mr. Dipankar Das ...for the petitioner.

Mr. Sabyasachi Banerjee, Ms. Diksha Ghosh ... for the respondent nos. 6 to 8.

The petitioners are aggrieved by alleged refusal on the part of the Police Commissioner to accord permission to hold a rally from Babughat to New Secretariat Building on 09.03.2023.

The Joint Commissioner is represented by Mr.

Sabyasachi Banerjee, learned advocate.

It is submitted that the place where the petitioners wish to hold the demonstration is a major intersection and is likely to seriously disrupt the traffic.

The State has otherwise no objection to the petitioners holding rally in peaceful demonstration. It appears that the Joint Commissioner of Police, Kolkata does not have any objection to the petitioners holding a rally at the Sahid Minar Ground. A delegation of 5 to 6 persons of the petitioners'

organisation shall be accompanied by the Police to the Labour Commissioner Office on a mutually agreed date.

In view of the above, the petitioners may hold a rally at Sahid Minar Ground for a period of one month starting from day after tomorrow (02.03.2023). The petitioners shall indicate the number of persons that are going to assemble, to the Joint Commissioner of Police, Kolkata.

The petitioners undertake before this Court to hold a peaceful demonstration and not to disturb any public service or movement of the public at large. The petitioners also undertake to clean up the place of demonstration after completion on each day.

The Joint Commissioner of Police, Kolkata may impose any reasonable condition on the petitioners to hold the demonstration.

The instructions of the Joint Commissioner of Police, Kolkata addressed to Mr. Banerjee, learned advocate is taken on record.

The writ petition is disposed of.

There will be no order as to costs.

All parties are directed to act on a server copy of this order duly downloaded from the official website of this Court.

(Rajasekhar Mantha, J.)