11.04.2025 Court No. 35 Item No.ADSL1 Rakib IN THE HIGH COURT AT CALCUTTA Constitutional Writ Jurisdiction Appellate Side W.P.A. 8516 of 2025 Abhijit Acharyya VS The State of West Bengal & Ors. Mr. Koustav Bagchi, Mr. Debayan Ghosh, Ms. Priti Kar. ... for the Petitioner. Mr. Sirsanya Bandopadhyay, Ld. Sr. Standing Counsel, Mr. Debopriyo Karan. … for the State. Affidavit-of-service filed by the petitioner be kept with the record. Petitioner has approached this Court as the communications made by the petitioner on 8th of April, 2025 and 10th of April, 2025 were not responded by the Inspector-in-Charge, Kulti Police Station as well as from the Office of the Commissioner of Police, ADPC. Petitioner intends to organize a ‘Pavitra Dhwaj Yatra’ on 12th of April, 2025 from Dishergarh Line Dhora to Neamatpur Lachipur Gate Chorka Shiv Mandir Prangan via Sodepur. The route so proposed is available in the mail dated 10th of April, 2025 which was addressed to the police authorities. Mr. Bagchi, learned advocate appearing on behalf of the petitioner submits that the permission 2 was refused at the last stage when all preparations were complete on behalf of the petitioner and his associates being the organizers were taken by surprise. Mr. Bandopadhyay, learned Senior Standing Counsel opposes the procession/rally to be held as the police authorities have granted permission to other organization and there may be shortage of deployment of police personnel. However, since the nature of the rally which speaks for a religious procession, admittedly there should not be any excitement/provocation or any act which would hurt the feelings and sentiments of other individuals. The route so proposed for conducting the rally by the petitioner from Dishergarh Line Dhora to Neamatpur Lachipur Gate Chorka Shiv Mandir Prangan via Sodepur between 03.00 P.M. to 07.00 P.M. on 12th of April, 2025 is allowed with 200 participants. Learned advocate appearing on behalf of the State has forwarded certain conditions: “(a) At any point of time, the total number of participants shall not exceed a number of about 200 individuals. 3 (b) The organizers shall nominate 10 persons from amongst themselves who shall be held responsible for conducting the procession. (c) Only 10 vehicles (four wheelers) shall be permitted in the said procession including two ido tablo . (d) The participants shall not carry or brandish any arms or weapons. The participants shall not carry in the procession any stick, lathi, weapon. However, they would be allowed to carry flags and/or any other symbolic weapons which should be only made of PVC. In case any weapon made of metal is found, Police would be at liberty to seize the same. (e) The participants should abide by relevant pollution norms including sound norms fixed by the West Bengal Pollution Control Board. Only normal sound system i.e. 5/6 microphones be allowed to be used in the procession for religious music. No Disc. Jockey should be permitted in the procession. (f) The participants in the procession shall not halt or pause at any place and would continue to gradually proceed towards their final destination. 4 (g) The procession would proceed in a manner from one side of the road so that the plying of the vehicles are not completely stalled.” If any other type of conveyance is required the same would be settled by the petitioner after communicating with the respondent no.4 i.e. Inspector-in-Charge, Kulti Police Station. With the aforesaid observations WPA 8516 of 2025 is disposed of. 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.)