Hindu Jagaran Mancha v. The State Of West Bengal And ORS

Item no. 42 14.08.2025 Ct. 02 sayandeep Calcutta High Court In the Circuit Bench at Jalpaiguri Constitutional Writ Jurisdiction Appellate Side W.P.A 1711 of 2025 Hindu Jagaran Mancha versus The State of West Bengal & Ors.

Mr. Sudipto Kumar Majumdar, ld. DSGI Mr. Tridip Saha Mr. Subhankar Dutta Ms. Panchali Deb Sikder Mr. Sourav Kar Mr. Satyam Sarkar ...For the Petitioner.

Mr. Joyjit Choudhury, Ld. AAG Ms. Bedshruti Bose ....for the State

1. The present writ petition has been filed, inter alia, praying for a direction upon respondent Nos. 2 and 3 to consider the representation of the petitioner and to permit the petitioner to hold a public gathering for social harmony and unity. The petitioner claims to be an organization which works for the society and is a branch of Rashtriya Swayamsevak Sangh (RSS). The petitioner proposes to organize Hindu Sanatani Oikkyo Maha Jagaran Sabha on 17th August, 2025. The said program has been planned and organized in the field of Chartorsha SP Primary School,

Falakata Circle, Alipurduar, also known as Shishargor School Moidan.

2. According to the petitioner, the petitioner has obtained permission from the school Board/ committee for holding the aforesaid program.

Mr.

Majumdar, learned senior advocate appearing for the petitioner would submit that the petitioner is also ready and willing to make over written permission from the school for holding above program administration if required. According to the petitioner, there will a gathering of approximately 1000 people.

3. Mr. Choudhury, learned AAG appears on behalf of the respondents. He would submit that in principle, the respondents have no objection for the petitioner to hold the aforesaid meeting. However, for security purposes, administration has insisted that the written permission from the school authority should be disclosed. He would submit that so long the aforesaid meeting is for peaceful purpose, there can be no difficulty on the part of the administration to allow such meeting though according to him, the petitioner should restrict the gathering to around 500 people in terms of the application appearing at page 14 of the writ

petition. Mr. Choudhury, is apprehensive and according to him no exciting speech should be delivered in such meeting so as to interfere with the communal harmony.

4. Having heard the learned advocates appearing for the respective parties and noting the administration is not averse to the petitioner holding the meeting at the spot identified by the petitioner, I am of the view that the instant writ petition can be disposed of by permitting the petitioner to hold the meeting peacefully by following the statutory norms and by directing that maximum gathering would restricted people.

The written consent/permission from the school authority should be made over to the administration, if sought for. It is made clear that no provocative speech shall be delivered in course of the meeting/program which may interfere with the communal harmony.

5. The petitioner shall also ensure that the participants shall not carry any arms/sticks in the said meeting. The petitioner should also ensure that the locale where the meeting shall be held should be restored back to its original state after the meeting is over.

6. This order shall not prevent the petitioner and their office bearers from carrying their organizational flag and symbol.

7. The administration shall ensure and maintain law and order.

8. With the above observations and directions, the writ petition is disposed of.

9. There shall be no order as to costs.

10.

Urgent certified photo copy of this order, if applied for, supplied parties expeditiously on compliance of usual legal formalities.

(Raja Basu Chowdhruy, J.)