Bhaswati Shounda v. State Of West Bengal And ORS.
W.P.A. 16819 of 2025 31.07.2025 Court No. 35 Bhaswati Shounda D/L. No.273 Rakib VS The State of West Bengal & Ors.
Mr. Billwadal Bhattacharyya, Sr. Adv, Mr. Anish Kumar Mukherjee Mr. Suryaneel Das Mr. Chiranjit Pal Mr. Tamaghna Pramanick ...for the Petitioner.
Mr. Kishore Dutta, Ld. A.G., Sr. Adv, Mr. Swapan Banerjee, AGP, Ms. Munmun Tewary Mr. Subhayu Das ...for the State.
Petitioner intends to conduct a rally/procession on 3rd of August, 2025 and to that effect informed the Officer-in-Charge, Digha Police Station, however, the same was not responded to.
Learned Advocate General appears on behalf of the State.
After hearing the submissions on behalf of the State as well as learned senior advocate appearing for the petitioner the following route is proposed for the procession/rally to be held on 3rd of August, 2025 between 7.30 P.M.
to 9.30 -10.00 P.M.
The procession/rally would commence from "Vivekananda Statue and proceed towards Nehru Market and end at Yuba Abas".
On behalf of the State the following conditions have been proposed, the same are as follows:
(a) "At any point of time, the total number of participants shall not exceed a number of 1500 - 2000 participants.
(b) The organizers shall nominate 10 persons from amongst themselves who shall be held responsible for conducting the procession;
(c) The organizers and volunteers would ensure that one third of the road is only occupied for the purposes of the procession and two third of the road be kept open for plying of the vehicles.
(d) It is further directed that there cannot be an uniform stretch of the breadth of the road, accordingly the organizers would advise their participants to mould the breadth of the procession. (e) The participants shall not carry or brandish any arms or weapons;
(f) The participants shall not use any foul language or incite violence, further provocative speech in any form is strictly prohibited;
(g) The participants shall not carry in the procession any stick, lathi, swords, knives, sticks or any kind of tool or weapon;
(h) The participants shall also abide by the relevant pollution norms including the sound norms. Only normal sound system should be used. No disc jockey shall be allowed in the said procession;
(i) The procession should slowly progress to their destination and would ensure that no hindrance is caused to the commuters and/or traffic congestion be created.
(j) The participants in the procession shall not halt or pause at any place and would continue to gradually proceed towards their final destination. (k) The petitioner and participants shall abide by all the conditions for holding such peaceful procession/rally and shall not cause any undue obstruction to public at large.
(l) The police authorities shall make necessary arrangements for security with good number of personnel so as to ensure that no breach of peace takes place."
Mr.
Bhattacharyya, learned senior advocate appearing for the petitioner accepts the route so proposed and also such conditions.
The petitioner as directed above would hold the procession/rally subject to the restrictions as stated above.
With the aforesaid observations WPA 16819 of 2025 is disposed.
All concerned parties shall act on the server copy of this order duly downloaded from the official website of this Court.
Urgent photostat certified copy of this order, if applied for, be supplied to the parties upon compliance with all requisite formalities.
(Tirthankar Ghosh, J.)