2022, Prathamik Tet Pass D.El.Ed Aikka Mancah And ANR. v. State Of West Bengal And ORS.

D/L 16 07.05.2025 Kausik ct.no.35 W.P.A. 9263 of 2025 2022, Prathamik TET Pass D.EL.ED Aikka Mancha & Anr.

Versus

State of West Bengal & Ors.

Mr. Omar Faruk Gazi Ms. Susmita Das ...for the petitioner.

Mr. Wasim Ahmed Mr. Sk. Md. Masud ...for the State.

Petitioner has filed a supplementary affidavit by way of which they intended to hold a peaceful demonstration from 19.05.2025 to 21.05.2025 at College Square. Having regard to the fact that 19.05.2025 to 21.05.2025 are working days, this court directs that the same may be rescheduled from 16.05.2025 to 18.05.2025.

Petitioner claims that there would be a gathering of persons for sit-in demonstration.

Let sit-in demonstration continue within College Square at the road facing Bankim Chatterjee Street on 16.05.2025 to 18.05.2025 between 12.00 p.m. to 5.00 p.m.

Learned advocate for State has forwarded the following conditions :- "1. Number of participants should be in accordance with the Hon'ble Court's order;

2. Loudspeakers, if used, shall be within the permissible limits as prescribed by the Hon'ble High Court, Calcutta and West Bengal Pollution Control Board;

3. Speeches capable of inciting violence, provocative speeches and abusive language will not be permitted;

4. Name of the volunteers should be well furnished, before commencing the programme, who will be responsible for violating any Order of Hon'ble Court;

5. The participants in the said programme shall act in a manner to ensure that there is no damage to public property, assault on any Government Servant or any other transgression of law;

6. The participants shall act in a manner to ensure that no inconvenience whatsoever shall be caused to the public at large;

7. No obstruction is to be created to free flow of traffic, free access to any thoroughfare or building, Ambulance, Fire Brigade or persons entitled thereto;

8. The participants at the programme should be dispersed immediately after the specified time fixed for conclusion of programme;

9. All other existing rules in vogue should strictly be adhered to."

Learned advocate for the petitioner accepts the conditions so forwarded on behalf of the State. Since the property of College Square belongs to KMC and the petitioners had been waiting for a considerable period of time and in fact has conceded to the proposal of the court for changing their earlier venue I direct the KMC authorities to grant permission to the petitioners for such demonstration.

Additionally it is directed that petitioners would forward a list of 10 organisers with their mobile numbers to the police authorities who would be monitoring the said demonstration prior to 16.05.2025.

Let the demonstration be completed on 18.05.2025 preferably by 6.00 p.m.

Petitioners would ensure that the place which has been used are restored to its original position after the demonstration is over.

Supplementary affidavit filed be kept with the record.

With the aforesaid observations WPA 9263 of 2025 is disposed of.

All parties shall act on the server copy of this order duly downloaded from the official website of this Court.

(Tirthankar Ghosh, J.)