D/L 61 11.09.2025 ct.no.35 Kausik W.P.A. 21215 of 2025 Sisir Kulavi Versus The State of West Bengal & Ors. Mr. Billawadal Bhattacharyya, Ld. Sr. Adv. Mr. Anish Kumar Mukherjee Ms. Megha Datta Mr. Tamoghna Pramanick …for the Petitioner. Mr. Amitabrata Roy, Ld. GP Mr. Swapan Banerjee, Ld. AGP Mr. Vivekananda Bose, Ld. Jr. St. Counsel Mr. Diptendu Narayan Banerjee Mr. Tirthankar Dey …for the State. Petitioner has approached this Court for organizing a protest/rally and a meeting to be held on 13.09.2025. Petitioner prays for allowing 10,000 individuals to participate in such rally for raising issues and making people conscious regarding certain events. To that effect a communication was made on 03.09.2025 to the SDPO, Debra, Officer-in- Charge, Debra PS and the Superintendent of Police Paschim Medinipur which was subsequently refused by a communication dated 07.09.2025. Mr. Banerjee, learned advocate appearing on behalf of the State resisted and opposes such 2 meeting on several issues including the factum of previous criminal cases wherein one Sankar Maity, Mandal President, Debra Mandal ignorinig the instructions of the administration carried out a procession which resulted in law and order violation thereby injuring 12 police personnel including 5 lady police personnel. To that effect, a case being Debra PS Case No. 604/25 was registered for investigation. Learned advocate for the State submits that the present petitioner is also an accused in the said case. Since protest/rally is a part of a constitutional right, only under specific circumstances the same can be suspended. I have considered the proposals advanced in the written communications made by the petitioner and the opposition and resistance made by the learned advocate appearing on behalf of the State. Having considered the rival submissions of the parties I am of the view that 3,000 individuals in the protest/rally be allowed through Debra Flyover – (500 meters away from Harimati School) – Bali Chowk, Debra Road and they will end the rally at Bally Chowk Lock Gate. Learned advocate for the State has forwarded the following conditions :- 3 “1. Number of participants should be in accordance with the Hon'ble Court's order; 2. Handmikes shall be used 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; 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; 4 8. The participants at the programme should be dispersed immediately after the specified time fixed for conclusion of programme; 9. It is specifically stated that any person named in the FIR in connection with Debra PS Case No. 604/25 will not be allowed to participate or come in vicinity of the said protest/rally. 10. All other existing rules in vogue should strictly be adhered to.” The rally would commence from Debra Flyover – (500 meters away from Harimati School) at 4.30 p.m. and the organizers would complete the rally by 8.00 p.m. at Bally Chowk Lock Gate. Organisers will supply the name of the volunteers to the police authorities and if in respect of any individual there are reservations of the police authorities they would inform to the organizers. With the aforesaid observations WPA 21215 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. (Tirthankar Ghosh, J.)