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Calcutta High CourtWPA/19392/2025disposed

Ranaghat Obr Brihattara Graduate Teachers Association And ANR. v. The State Of West Bengal And ORS.

2025-08-27Hon'Ble Justice Tirthankar Ghosh4 pages

27.08.2025 W.P.A. 19392 of 2025 Item No.11 Ct. No.35 dc.

Ranaghat OBR Brihattara Graduate Teachers' Association & Anr.

versus State of West Bengal and others Mr. Sudipta Dasgupta, Mr. Bikram Banerjee, Mr. Debapriya Mitra, Mr. Sondwip Sutradhar ... For the Petitioners.

Mr. Amal Sen, ld. AAG, Ms. Deboleena Ghosh ... For the State-respondents.

Affidavit-of-service filed in Court today be kept with the record.

Petitioners have approached this Court on behalf of Ranaghat OBR Brihattara Graduate Teachers' Association as there was no response in respect of the information sent to the Commissioner of Police, Bidhannagar Police Commissionerate to organise a rally and sit-in demonstration at 'Y' Channel on 01.09.2025.

Since there is already an organisation which is already carrying on their demonstration at Central Park, an alternate proposal was forwarded to the present petitioners.

Mr. Sen, learned AAG appears for the State.

In course of hearing a consensus has been reached regarding the place of demonstration. Accordingly, the petitioners with two thousand members would carry out their demonstration and/or meeting on 1st September, 2025 from 12 O'clock to 4 P.M. at Shaheed Minar Maidan, Kolkata.

If permission is required from Army Authorities, petitioners would inform them and the Army Authorities would allow the petitioners for the said demonstration and/or meeting to be conducted. However, this is subject to the undertaking of the petitioners that they would revert back the original condition and clear up the Shaheed Minar Maidan, Kolkata as it was prior to the demonstration and/or meeting.

A communication be also made to the Joint Commissioner of Police (HQ), Kolkata.

After the meeting is over at 4 p.m., five persons from the organisation would submit their deputation before the Commissioner of School Education, Government of West Bengal who would make himself available at 5 p.m. on 1st September, 2025.

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

"1. The participants in the said meeting should not exceed 2000 persons at any point of time ;

2. Hand mikes, 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 and phone numbers of ten 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. A Tata-407 vehicle will be used as a stage;

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

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. Dasgupta, learned advocate appearing for the petitioners undertakes that the petitioners would abide by the conditions. Consequently, the petitioners be allowed to conduct the demonstration

and/or meeting on 1st September, 2025 from 12 O'clock to 4 P.M. at Shaheed Minar Maidan, Kolkata by adhering to the restrictions mentioned above.

With the aforesaid observations, the writ petition being WPA 19392 of 2025 is disposed of. There will be no order as to costs.

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.)