Rakesh Kumar Singh v. State Of West Bengal And ORS.

13.08.2025 W.P.A. 18660 of 2025 Item No.25 Ct. No.35 dc.

Rakesh Kumar Singh versus The State of West Bengal and others Mr. Billwadal Bhattacharyya, Sr. Adv., Mr. Moyukh Mukherjee, Mr. Anish Kumar Mukherjee, Ms. Sagnika Banerjee, Ms. Sarmistha Basak, Mr. Tamoghna Pramanick ... For the Petitioner.

Mr. Amal Sen, ld. AAG, Mr. Swapan Banerjee, ld. AGP, Mr. Sudipto Panda, Mr. Diptendu Narayan Banerjee ... For the State-respondents.

Petitioner has prayed for permission to hold a meeting of BJP voters, supporters and leaders and to that effect, a communication was earlier advanced to the Joint Commissioner of Police, Kolkata requesting permission for a schedule on 11th August, 2025 from 4 p.m. onwards at Shiva Temple precincts near Gate No.4, Taratala.

Since the application has been taken up today, the time schedule has altered.

State has refused permission apprehending breach of peace and crisis of law and order.

Having considered that the prayer advanced presently is for conducting the meeting on 11th August, 2025 and there are Independence Day and other pre-schedule religious programmes on 15th August, 2025 and 16th August, 2025, I direct the petitioner, if he intends to conduct such meeting, the same be held at Shiva Temple precincts near

Gate No.1, Taratala on 17th August, 2025 from 5 p.m. to 7 p.m.

Mr. Sen, learned AAG, appearing for the State has forwarded the following conditions to be adhered to by the petitioner/participants :

"1. The participants in the said meeting should not exceed 500 persons at any point of time ;

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 and also in consonance of any other conditions imposed by this Court;

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."

Mr. Bhattacharyya, learned senior advocate appearing for the petitioner accepts the conditions so forwarded by the learned AAG appearing for the State.

With the aforesaid observations, the writ petition being WPA 18660 of 2025 is disposed of. There will be no order as to costs.

So far as the other documents which have been enclosed in this writ petition are concerned, this Court has not gone into the merits of the same and restricted the writ petition only on the issue relating to permission of the meeting.

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.)