Devdutta Maji And ORS v. State Of West Bengal And ORS.

03.12.2025 Ct. No.5 b.das WPA 27617 of 2025 Devdutta Maji & Ors.

Vs.

The State of W.B. & Ors.

Mr. Billwadal Bhattacharyya, Sr. Adv.

Mr. Anish Kr. Mukherjee Ms. Megha Datta Mr. Tamoghna Pramanick ...for the petitioners. Mr. Kishore Datta, Ld. AG Mr. Swapan Banerjee Ms. Sumita Shaw Mr. Soumen Chatterjee ...for the State.

Affidavit of service and supplementary affidavit filed by the petitioners and report submitted by the State are taken on record.

Heard learned counsels for the parties.

The petitioners are the President and members of the trust in the name and style of Singhabahini, which is an apolitical, social, religious and cultural organization. The petitioners intend to conduct a rally and meeting on 6th December, 2025 from 3 p.m. to 7 p.m. from the ancestral house of Swami Vivekananda at Bidhan Sarani till the crossing of Bhupen Bose Avenue and Krishna Ram Bose Street beside Metro Gate No.1 through Shyambazar 5-point crossing.

Learned counsel for the State raises strong reservation of the Kolkata Police in conducting such rally and meeting and submits that the writ petition is

premature and there is no inaction on the part of the police authority.

However, learned counsel for the State submits that such rally and meeting may be allowed to be conducted subject to certain conditions.

Since the rally and meeting intended to be conducted by the petitioners is apolitical and such constitutional right of the petitioners cannot be denied, the rally and meeting is allowed subject to the following conditions:

1. The rally and meeting shall be held on 6th December, 2025 from 3 p.m. to 7 p.m.

2. It shall commence from the ancestral house of Swami Vivekananda at Bidhan Sarani and culminate at the crossing of Bhupen Bose Avenue and Krishna Ram Bose Street beside Metro Gate No.1 through Shyambazar 5-point crossing.

3. The number of participants in the rally and meeting shall not exceed 1000 at any point of time.

4. Sound system shall be used within the permissible limits as prescribed by the Hon'ble High Court at Calcutta and West Bengal Pollution Control Board.

5. Speeches capable of inciting violence, provocative speeches and abusive language will not be permitted.

6. The organizers and volunteers shall be responsible for any violation.

7. The participants shall not obstruct traffic/vehicular movement and shall not cause any road blockade. They will cling towards the left side of the road so that free flow of the traffic is not affected.

8. The participants 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.

9. The participants shall abide by the instruction of the on duty police officers and shall act in a manner to ensure that no inconvenience whatsoever is caused to the public at large.

10.

The participants shall disperse within 1 hour of the completion of the rally and meeting.

11.

The stage erected at the culminating point for the purpose of the meeting shall strictly adhere to the measurement given in the writ petition and the same shall be dismantled and the place shall be restored to its original position within one day of the meeting.

12.

All other existing rules shall strictly be adhered to by the participants.

With the above observation and directions, 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.)