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2025 DAILYLAW 12677 (CAL)

PINKI SIKDER AND ORS. v. THE STATE OF WEST BENGAL AND ORS.

WPA/4747/2025 · 2025-03-19

Tirthankar Ghosh

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

19.03.2025 W.P.A. 4747 of 2025 Item No.2 Ct. No.35 dc. Pinki Sikder and others versus The State of West Bengal and others Mr. Vishak Bhattacharya, Ms. Biyanka Bhattacharya ... For the Petitioners. Mr. Jayanta Samanta, Mr. Kaustav Chatterjee … For the State. Learned advocate for the petitioners is granted leave to make necessary corrections in the cause title of the writ petition. Affidavit-of-service filed in Court today be kept with the record. Petitioners have approached this Court for sit-in demonstration as they were deprived after being empanelled as ICDS Supervisor 2019 (Fresher). The petitioners intend to host a peaceful demonstration protesting against such refusal and/or deprivation of the services they expected in respect of the post for which they were empanelled. Initially the petitioners intended to conduct such sit-in demonstration at a location near Bikash Bhawan, Salt Lake City, North 24-Parganas. However, this Court did not agree to such proposal and an alternate site has been proposed by this Court for such sit-in demonstration which would be held at the backside of College Square (Park), Kolkata (facing Bankim Chatterjee Street). 2 The aforesaid site for demonstration was accepted by the petitioners. Such demonstration, according to the learned advocate appearing for the petitioners, would commence on and from 2nd April, 2025 at 12 noon. Accordingly, each and every day till 8th April, 2025 the time for demonstration is fixed from 12 noon to 8 P.M. Learned advocate for the State has forwarded the following conditions to be adhered to by the demonstrators : “1. Number of participants should be in accordance with the Hon'ble Court's order; 2. Loudspeakers, if used, shall be within the permissible limits as prescribed by the Hon'ble High Court, Calcutta and West Bengal Pollution Control Board; 3. Speeches capable of inciting violence, provocative speeches and abusive language will not be permitted; 4. Name of the volunteers should be well furnished, before commencing the programme, who will be responsible for violating any Order of Hon'ble Court; 5. The participants in the said programme 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; 3 6. The participants shall act in a manner to ensure that no inconvenience whatsoever shall be caused to the public at large; 7. No obstruction is to be created to free flow of traffic, free access to any thoroughfare or building, Ambulance, Fire Brigade or persons entitled thereto; 8. The participants at the programme should be dispersed immediately after the specified time fixed for conclusion of programme; 9. All other existing rules in vogue should strictly be adhered to.” The petitioners would be allowed to construct a stage which will have length of 13 ft. and a width of around 5 ft. Since the participants would be 100 in number and are all ladies/female, adequate police personnel (ladies) should be deployed by the concerned police station. The police authorities and/or administration will cooperate with the petitioners. It is also directed that the participants will cooperate with the concerned authorities and hand over names of ten organizers with their mobile/phone numbers who would communicate with the administration. In case any crisis arises, the organizers would try to dissuade the excitement and anger. The organizers are specifically directed not to deliver any inciting speech so that at no point of time, 4 the law and order situation goes out of hands of the administration. The organizers will adhere to the guidelines set out by the Pollution Control Board and the National Green Tribunal. The organizers after completion of the programme would ensure that the temporary structure and the wastes are removed and at least the original position is restored. Learned advocate appearing for the petitioners on instructions submits that the petitioners and/or their associates would abide by the terms as stated above. With the aforesaid observations, the writ petition being WPA 4747 of 2025 is disposed of. There will be no order as to costs. All concerned parties shall act on the server copy of this order duly downloaded from the official website of this Court. Urgent photostat certified copy of this order, if applied for, be supplied to the parties upon compliance with all requisite formalities. (Tirthankar Ghosh, J.)