Centre Of Indian Trade Unions v. The Lieutenant Governor And ORS.

IN THE HIGH COURT AT CALCUTTA

[ CIRCUIT BENCH AT PORT BLAIR ] ...

WPA/192/2021 Centre of Indian Trade Unions and another ... Petitioners Vs.

The Lieutenant Governor and others ... Respondents Mr.G. Binnu Kumar .... for the petitioners Mr. Shatadru Chakraborty .... for the respondents September 21, 2022 [MAM] Item No.38 The writ petition has been filed at the instance of a trade union and one of its leaders.

The prayers of the petitioners are as follows: (i) A writ in the nature of mandamus directing the respondent authorities, particularly the respondent no. 3 to 7 to act strictly in terms of the notification dated 30/09/2020 issued by the Ministry of Home Affairs, Government of India whereby issued guidelines to reopen more activities in area outside the containment Zone and to allow the petitioner union to organize public meeting, mass dharna procession, corner meeting, mike announcement etc. in terms of the order dated

30/09/2020 issued by the Government of India and all consequent orders.

(ii) A writ in the nature of mandamus directing the respondent authorities, particularly, the respondent no. 3 to 7 to act within four corners of law by allowing the petitioner union to organize public meeting, mass dharna procession, corner meeting, mike announcement etc, in a peaceful manner as embodied in Article 19(1)(a) and (b) of the Constitution of India.

(iii) A writ in the nature of mandamus directing the respondent authorities, particularly, the respondent No. 3 to 7 not to interfere with the fundamental rights guaranteed to the petitioner union including the right to organize public meeting, mass dharna procession, corner meeting, mike announcement etc, in a peaceful manner as embodied in Article 19 (1)(a) and (b) of the Constitution of India.

It appears from the pleadings that the main grievance of the petitioners pertains to alleged refusal by the Administration to hold meetings and demonstrations on different dates between October 2020 to March 2021. It has been alleged by the petitioners that despite there being a specific notification dated September 30, 2020 issued by the Ministry of Home Affairs, the

Administration has acted in violation thereof by not permitting the petitioners to organize such meetings and demonstrations.

Mr. Chakraborty learned advocate representing the Administration denies the allegations. He refers to the paragraphs 10, 11 and 15 of the affidavit-in-opposition to suggest that the Administration was willing to permit them to hold such meetings or stage demonstrations subject to compliance of the circular dated September 30, 2020. It cannot be denied that right to hold meeting or stage demonstration in a peaceful manner is no ordinary right. Such right flows directly from Article 19 of the Constitution subject to the reasonable restrictions as mentioned therein.

In view of the stand taken by the respondents, I am of the view that nothing remains to be decided in this writ petition. It is clarified that the petitioners may hold meetings or stage demonstrations in a peaceful manner subject to any reasonable restriction that may be imposed by the Administration.

With the aforesaid observations WPA 192 of 2021 is disposed of.

(Kausik Chanda, J.)