Sufism Madaria Organisation And ANR. v. State Of West Bengal And ORS.

11.07.2024 Ct. No. 14 Sl. Nos.9 & 10 KB In The High Court at Calcutta Constitutional Writ Jurisdiction Appellate Side W.P.A. 17311 of 2024 with IA No. CAN 1 of 2024 Sufism Madaria Organisation & Anr.

Vs.

The State of West Bengal & Ors.

with W.P.A. 17132 of 2024 Jarges Ali Mallick Vs.

The State of West Bengal & Ors.

Mr. Rwitendra Banerjee Mr. Sandip Kundu ... For the petitioners in WPA 17311 of 2024.

Mr. Samim Ahammed Mr. Imtiaz Ahamed Ms. Gulsanwara Pervin Ms. Saloni Bhattacharjee Mr. Arka Ranjan Bhattacharyya ... For the petitioner in WPA 17132 of 2024 & respondent no.9 in WPA 17311 of 2024.

Ms. Sujata Mukherjee ... For the State respondents in both the matters.

Learned advocates representing the petitioners in both the writ petitions have submitted before the Court that the parties have failed to come to a consensus to join together to hold one procession on the occasion of 'Muharram'.

As the licence for holding Muharram was all along issued in the name of 'Khajutty Sufism Madaria Organisation', accordingly, the licence for holding the procession for the current year will also be in the name of the same organization.

"Khajutty Sufism Madaria Organisation"

having registered office at Vill. & P.O. - Khajutty, Mouza-Khajutty, Khatian No.-3010, JL No.-40, Plot No.-184, P.S.- Bagnan, District - Howrah will be permitted to obtain the licence for forming the procession.

There is no requirement for issuing any licence in favour of 'Sufism Madaria Organisation' having its registered office in the District of South 24-Parganas. The police are directed to ensure that only one licence is issued in favour of the organization as mentioned hereinabove and no further organization will be permitted to hold any procession.

Strict vigil shall be maintained to ensure that there is no law and order issue and peace and tranquility is maintained at the time of holding the procession.

The procession shall be absolutely peaceful and no fire arms/arms shall be permitted to be carried by the members of the procession. No exciting or provocative speech shall be given during or after the

procession. The pollution norms shall be strictly followed.

The Writ Petition being WPA 17132 of 2024 stands disposed of.

The Writ Petition being WPA 17311 of 2024 stands dismissed. In view of dismissal of the writ petition the connected application being IA No.CAN 1 of 2024 stands disposed of accordingly.

Urgent Photostat certified copy of this order be supplied to the parties, if applied for, as early as possible.

(Amrita Sinha, J.)