MANORANJAN JODDER v. STATE OF WEST BENGAL AND ORS.
WPA/6903/2025 · 2025-03-26
Tirthankar Ghosh
body2025
DailyLaw.ai
[ 2025 DAILYLAW 16953 (CAL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 16953 (CAL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
26.03.2025 W.P.A. 6903 of 2025 Item No.104
Ct. No.35
dc. Manoranjan Jodder versus
The State of West Bengal and others
Mr. Sourav Chatterjee, Sr. Adv., Mr. Moyukh Mukherjee, Mr. Goutam Sardar, Mr. Bhaskar Bhattacharya, Ms. Sagnika Banerjee ... For the Petitioner. Mr. Suman Sengupta, Ms. Amrita Panja Moulick … For the State-respondents. Mr. Sahasrangshu Bhattacharjee, Mr. Arijit Majumdar ... For the Union of India. Affidavit-of-service filed in Court today be kept with the record. Petitioner has approached this Court as the permission was refused by the Inspector-in-Charge, Baruipur Police Station dated 24.03.2025. The petitioner intends to conduct sit-in demonstration in front of office of the Superintendent of Police, Baruipur Police District on 27.03.2025. Learned advocates appearing for the petitioner and the State have raised their submissions and rebuttal, but without entering into the submissions advanced by each of the counsel, I direct that the petitioner may be allowed to conduct such sit-in demonstration in front of office of the Superintendent of Police, Baruipur Police District on 27.03.2025. Such demonstration, according to the learned advocate appearing for the petitioner, would continue from 2 P.M. to 5 P.M.
2 Mr. Sengupta, learned advocate appearing for the State has forwarded the following conditions :
“1. Number of participants should be in accordance with the Hon'ble Court's order i.e. 1000 persons;
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 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;
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;
3
9.
All other existing rules in vogue should strictly be adhered to.”
The petitioner would be allowed to construct a stage which will have length of 30 ft. and breadth of around 9 ft. without blocking any egress and ingress of any public institution or any private residential accommodation. Gathering should not exceed 1000 persons. 25 microphones should be used within a radius of 500 metres from the stage (except the location where the hospital is situated). The police authorities would deploy adequate trained police personnel/RAF under the supervision of the SDPO, Baruipur Police District so that in case any crisis arises, the organizers as well as the police authorities would try to dissipate the excitement and anger immediately. It is also directed that the participants will cooperate with the concerned authorities as well as police 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, the law and order situation goes out of hands of the administration. 4 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 petitioner on instructions submits that the petitioner and/or his associates would abide by the terms as stated above. With the aforesaid observations, the writ petition being WPA 6903 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.)