Form No.J(1) IN THE HIGH COURT AT CALCUTTA CONSTITUTIONAL WRIT JURISDICTION Present: The Hon’ble Justice Tirthankar Ghosh WPA 14500 of 2025 Ahlulbayt (a.s.) Humanity Trust -Vs- The State of West Bengal & Ors. For the Appellant : Mr. Sabyasachi Bhattacharjee Mr. Arpit Kr. Saha Mr. Arindam Haldar Mr. Suman Nandi For the State : Mr. Rajarshi Basu Mr. Subhendu Sengupta Heard On : 04.07.2025 Judgement On : 04.07.2025 Tirthankar Ghosh, J. : Leave is granted to the petitioner to correct the date which has been referred to in the prayer(s). The petitioner being a Trust has approached this Court as their representation addressed to the Officer-in-charge of 2 Bagnan Police Station for holding a religious procession relating to Muharram has not been responded. An undertaking has been given that they will not use any arm(s) like swords, knives, sticks or any kind of tool or weapon. The proposed timing, according to the representation, is at 3.30 pm which would include 150 persons and the proposed route is as follows: “From [A1 Najaf Imambara – Dakshin Para, Khajutty] to [Khajutty More] and back.” Learned advocate for the State has raised objection by way of a report being submitted on instructions from the Inspector-in-charge of Bagnan Police Station. I have considered the report submitted by the Inspector- in-charge of Bagnan Police Station and I find that the reasons so assigned are cogent reasons as there are already two processions pre-fixed during the time 12.30 pm to 5.30 pm. Having considered that the petitioners’ emotion is also attached with the religious sentiments of Muharram, I direct that 3 the petitioners be allowed to held their procession from the starting point at 5.30 pm and all endeavour be taken by the organizers to complete the procession between 8.00 to 8.30 pm. The petitioners have undertaken to abide all the conditions which they have proposed in their representation dated 28.06.2025 except to the extent which has been altered and modified by this Court. Accordingly, the petitioners are allowed to conduct the religious procession relating to Muharram subject to the following conditions: (a) At any point of time, the total number of participants shall not exceed a number of 150 (approximately). In order to ensure that the number of participants is limited to 150, the petitioners shall make necessary announcements and/or issue leaflets, if required; 4 (b) The organizers shall nominate 5 persons from amongst themselves who shall be held responsible for conducting the procession; (c) The participants shall not carry or brandish any arms or weapons; (d) The participants and the organizers shall not use any foul language or incite violence; (e) The participants shall not carry in the procession any stick, lathi, swords, knives, sticks or any kind of tool or weapon; (f) The participants shall also abide by the relevant pollution norms including the sound norms. Only normal sound system should be used. No disc jockey shall be allowed in the said procession; (g) The participants in the procession shall not halt or pause at any place and would continue to gradually proceed towards their final destination.” 5 In case there is any violation of the aforesaid conditions, the police authorities would be at liberty to disperse the procession. As the learned advocate for the petitioner(s) submits that 150 participants would be participating in the said procession, the names of the participants should be forwarded to the concerned Officer-in-charge of Bagnan Police Station with a Photostat copy of any Identity Card – be it, Epic Card and/or Voter Card. The said procession should commence at around 5.30 pm and would conclude between 8.00 to 8.30 pm on the same date at the designated place referred to above. It is also directed that if excess police deployment is required according to the demand of the situation, a requisition be forwarded by the appropriate police authorities considering that the date is assigned for the festival. The excess police deployment would be monitored by the Superintendent of Police, Howrah Rural Police District. 6 With the aforesaid observations, WPA 14500 of 2025 is disposed of. Pending application(s), if any, is also disposed of. Report so submitted be kept with the record. Parties to act on a server copy of this order duly collected from the official website of the Hon’ble High Court, Calcutta. (Tirthankar Ghosh, J.)