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2025 DAILYLAW 34474 (CAL)

PRITAM SARKAR v. STATE OF WEST BENGAL AND ORS.

WPA/17045/2025 · 2025-07-28

Tirthankar Ghosh

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

ADSL 1 28.07.2025 Bpg. ct.no.35 W.P.A.17045 of 2025 Pritam Sarkar Versus The State of West Bengal & Ors. Mr. Billwadal Bhattacharyya Mr. Moyukh Mukherjee Mr. Anish Kumar Mukherjee Ms. Sagnika Banerjee Ms. Sarmistha Basak Mr. Tamoghna Pramanick. …for the petitioner. Mr. Swapan Banerjee Ms. Sumita Shaw Mr. Soumen Chatterjee. …for the State-respondents. Affidavit-of-service filed by the petitioner be kept with the record. Petitioner has approached the Joint Commissioner of Police Headquarters, Lalbazar with an application on or about 22nd July, 2025 for organizing a peaceful rally on 29th July, 2025 from 400 p.m. onwards starting from Sulekha More, Jadavpur and concluding at Garia More. Petitioner expects about 1,000 participants to be present in the rally and intends to extend all necessary assistance for such rally. 2 Mr. Banerjee, learned advocate appearing for the State has objected and submitted that stringent conditions may be imposed for such rally. State has forwarded the following conditions to be imposed. (i) “Let the petitioner and their associates hold a peaceful “rally/procession” with not more than 750 individuals on 04th August, 2025 starting from Sulekha More, Jadavpur and concluding at Garia More between 4.00 p.m. to 7.00 pm. (ii) The organizers and volunteers would ensure that one third of the road is only occupied for the purposes of the procession and two third of the road be kept open for plying of the vehicles. (iii) It is further directed that there cannot be an uniform stretch of the breadth of the road, accordingly the organizers would advise their participants to mould the breadth of the processing. (iv) The petitioner shall abide by all the conditions for holding such peaceful “rally/procession” and shall not cause any undue obstruction to public at large. (v) The police authorities shall make necessary arrangements for security with good number of personnel so as to ensure that no breach of peace takes place. 3 (vi) The police arrangements would be made under the supervision of the Officer-in-Charge of the concerned police station or any Superior Officer as decided by the administration. (vii) Rally/procession shall be held subject to observance of rules in relation to noise pollution and without causing any inconvenience to the public at large.” Learned advocate appearing on behalf of the petitioner has accepted the conditions. Petitioner is directed to submit names and phone numbers of 10 organizers to the police authorities in advance so that in case there is any crisis the police authorities as well as the organizers can take steps to dissuade such crisis. As the petitioner in their representation has already undertaken that no loudspeakers or microphones would be used, they should abide by the same. Learned advocate appearing for the petitioner has accepted the aforesaid conditions. Accordingly, petitioner is allowed to ensure that a peaceful rally is conducted starting from Sulekha More, Jadavpur and concluding at Garia More between 4.00 p.m. to 7.00 p.m. on 04th August, 2025. 4 With the aforesaid observations, WPA 17045 of 2025 is disposed of. All parties shall act on the server copy of this order duly downloaded from the official website of this Court. Urgent photostat certified copies of this order, if applied for, be given to the parties upon compliance of all requisite formalities. (Tirthankar Ghosh, J.)