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Calcutta High CourtWPA/23197/2022disposed

Manoj Pramanik And ORS v. State Of West Bengal And ORS.

2022-10-13Hon'Ble Justice Hiranmay Bhattacharyya5 pages

sn 13.10.2022 W.P.A.23197 of 2022 MANOJ PRAMANIK & ORS.VS. STATE OF WEST BENGAL & ORS.

Mr. Dibyendu Chatterjee Ms. Piyali Paul ..for the petitioners Mr. Himadri Sekhar Chakraborty Mr. Sailendra Nath Chakraborty Mr. Somnath Naskar ..for the State The principal grievance of the petitioners is that the Joint Commissioner of Police, West Bengal, allowed the writ petitioners to hold peaceful "sit in demonstration" at the statute of Mahatma Gandhi in Central Kolkata from September 16, 2022 for five days only subject to certain terms and conditions indicated in the letter dated September 13, 2022 granting such permission.

Mr. Chatterjee learned advocate for the petitioners submits that the respondent no.2 ought to have granted permission for two months as prayed by them in their representation dated September 8, 2022.

On a query of the Court, learned advocate for the petitioners submits that the writ petitioners participated in the sit in demonstration pursuant to the permission granted by the respondent no.2 vide letter dated September 13, 2022.

Heard learned advocates for the respective parties and perused the materials placed. A coordinate Bench of this Court vide an order dated September 6, 2022 in WPA 20424 of 2022 gave liberty to the petitioners to apply before the Joint Commissioner of Police, being the respondent no.2 herein, with a proposal for holding a demonstration and upon such representation being made the said respondent shall consider the application and grant permission only for the fixed period subject to fulfillment of the conditions.

After considering the representation of the petitioners dated September 8, 2022 the respondent no.2 vide letter dated September 13, 2022 permitted the petitioners to hold peaceful sit in demonstration on and from September 16, 2022 for five days only. The petitioners have accepted the order of a co-ordinate Bench of this Court dated September 6, 2022 passed in WPA 20424 of 2022, which allowed demonstration only for a fixed period and the petitioners have also participated in such demonstration pursuant to the permission granted by the respondent no.2.

This Court is of the considered view that the petitioners are not entitled to any further orders for continuing with the peaceful demonstration for a

further period after participating in the demonstration for a fixed period as the co-ordinate Bench in the earlier round of litigations allowed the petitioners to participate in demonstration for a fixed period.

With the above observations, W.P.A.23197 of 2022 stands disposed of.

There will be, however, no order as to costs.

Parties are directed to act on the server copy of this order.

(Hiranmay Bhattacharyya,J.)