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Calcutta High CourtWPA/24440/2025disposed

Anil Mahato v. State Of West Bengal And ORS.

2025-10-28Hon'Ble Justice Suvra Ghosh4 pages

28.10.2025 rc/ct.no.34 Item No.23 WPA No. 24440 of 2025 Anil Mahato

Versus

The State of West Bengal & Ors.

Mr. Partha Sarathi Bhattacharjee Mr. Sougata Mitra Mr. Pawan Gupta Mr. Nikhil Kumar Gupta Ms. Soma Chakraborty Ms. Sofia Naser Mr. Santanu Sett ..for the petitioner Mr. Vivekananda Bose Mr. Tirthankar Dey ... for the State Supplementary affidavit filed by the petitioner and report submitted by the State are taken on record. Heard learned counsels for the parties.

The petitioner is the president of Adibasi Kudmi Samaj, Jhalda-II Block Committee, District - Purulia and submits that the Samaj intends to hold a rally on October 29, 2025 from Jiudaru High School till Hospital More and thereafter a meeting at Jiudaru High School ground or Kotshila College. They also intend to submit a deputation before the Officer-in-Charge, Kotshila Police Station at 03.00 P.M. It appears from the report submitted by the State that the State has no objection if the meeting is held in the ground behind Kotshila Mahavidyalaya near Jiudari Village and near Kotshila Police Station on October 29, 2025 from 12.00 noon to 06.00 P.M. subject to the following conditions :-

(i) The number of participants shall not exceed 1000 persons at any point of time.

(ii) No provocative, communal or inflammatory slogans, statements or speeches shall be made that may hurt public sentiment or disturb public tranquility.

(iii) No act, demonstration or provocation shall be allowed that may trigger violence or lead to public disorder.

(iv) The organisers shall submit in advance a list of volunteers who will assist in crowd management and coordinate with the local police.

(v) The organisers must strictly comply with all instructions of the local police and district administration.

Any violation of these conditions shall lead to immediate withdrawal of permission.

Therefore the petitioner is at liberty to hold a meeting in terms of the permission granted by the police authority subject to compliance with the conditions laid down therein.

With regard to the rally, it is suggested by the State that the rally may commence from Kotshila Basti More which is also known as Kotshila College More at 12.00 noon and terminate at the place of the meeting at the open ground behind Kotshile Mahavidyalaya within 02.00 P.M.

The petitioner concedes to the said suggestion. The conditions laid down earlier shall be strictly complied with even in the rally and not more than 1000 persons shall participate in the rally at any point of time. The petitioner seeks to submit a deputation before the Officer in Charge of the Police Station at 03.00 P.M. Such deputation shall be submitted by a maximum of five persons before the Officer in Charge of the concerned police station.

It is made clear that the rally shall commence at 12.00 noon and reach the place of the meeting by 02.00 P.M. The meeting shall be held between 02.00 P.M. and 06.00 P.M.

The police authorities are directed to keep strict vigil over the area and ensure that there is no breach of peace and tranquility.

With the above observation and direction, the writ petition is disposed of.

There shall, however, be no order as to costs. Since no affidavit is invited, the allegations contained in the writ petition are deemed not to have been admitted.

Urgent certified website copy of this order, if applied for, be supplied to the parties upon compliance with all requisite formalities.

(Suvra Ghosh,J)