D/L 187 21.03.2025 Kausik ct.no.35 W.P.A. 6540 of 2025 Snehasish Maity Versus State of West Bengal & Ors. Mr. Moyukh Mukherjee Ms. Sarmistha Basak Mr. Samrat Mondal …for the petitioner. Mr. Kishore Dutta, Ld. Advocate General Mr. Swapan Banerjee, AGP Mr. Sumita Shaw Mr. Soumen Chatterjee …for the state. Petitioner has approached this court on refusal of permission for a procession and a street corner meeting which he intends to hold on 23.03.2025 from 3.00 p.m. to 6.00 p.m. and 5.00 p.m. to 9 p.m. starting from Khudiram Square (Manjushree more) to CPT Market (Durgachak) and at Durgachak New Market. Petitioner has submitted that 500 persons would be participating in the procession and there would be a street corner meeting to be held at Durgachak New Market. State has submitted a report wherein it reflects that on 19.03.2025 such a permission was 2 sought for by way of mail. The Sub-Divisional Officer, Haldia however refused permission for the loudspeakers to be used due to ongoing board examination. However, the SDPO, Haldia on consideration of the complete representation regarding the “Pada Jatra” was pleased to allow the same on certain conditions and after taking into account whole of the circumstances on the said date in fact, the “Pada Jatra” was allowed from 1.00 p.m. to 3.30 p.m. by the SDPO, Haldia as is reflected from the report prepared by the Officer-in-charge, Durgachak Police Station. Both the parties contested regarding the issues in respect of the duration, number of loudspeakers as well as the participants. Without going into the details but taking into consideration that there are certain religious festivals to be held at the evening hours on the said date, I am of the view that the Pada Jatra/ Procession including the street corner meeting should commence from 1.00 p.m. and end at 4.30 p.m. The route as is reflected from the report so submitted before this court for the procession is to commence from Khudiram Square (Manjushree more) and conclude at Durgachak New Market where a street corner meeting is to be held as proposed by the petitioner. The said street corner 3 meeting was not permitted by the State. However, having regard to the fact that the petitioners intend to conclude the procession with a street corner meeting where they would construct a temporary stage of 12 feet in length and 18 feet in breadth. It is directed that the 18 feet breadth of stage will be from the back of the stage towards the front of the road. 5 to 8 microphones may be installed but no microphone would be allowed to operate after 4.30 p.m. and will not extend beyond 500 meters from the stage. State has advanced the following conditions to be adhered to which are as follows:- “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 and also in consonance of any other conditions imposed by this Court; 3. Speeches capable of inciting violence, provocative speeches and abusive language will not be permitted; 4. Name of the volunteers should be furnished, in advance before commencing the programme, who will be responsible for violating any Order of Hon'ble Court; 4 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; 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.” Mr. Mukherjee, learned advocate appearing for the petitioner undertakes that he would abide by all the conditions imposed by the State. Petitioner would ensure that people will start dispersing from 4.30 p.m. from the Durgachak New Market area and by 5.00 p.m. there should not be any cluster of persons staying in the area concerned. The organizers would ensure that no 5 microphone would operate after 4.30 p.m. in the area concerned. The name of 10 organisers along with the phone numbers would be advanced to the Officer-in- charge of the concerned police station, in case of any crisis, the organizers will cooperate with the police authorities to dissuade any excitement or anger. The processionists would discipline themselves keeping in mind that the period of examination is still continuing and the speakers would ensure that there will not be any provocative or inciting speech which would enrage the participants and/or the general public at large. With the aforesaid observations WPA 6540 of 2025 is disposed of. Report so submitted be kept with the record. All parties shall act on the server copy of this order duly downloaded from the official website of this Court. (Tirthankar Ghosh, J.)