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2025 DAILYLAW 5575 (CAL)

BHARAT KUMAR MISHRA v. STATE OF WEST BENGAL AND ORS.

WPA(P)/8/2025 · 2025-01-16

Hiranmay Bhattacharyya, T S Sivagnanam

body2025

Judgment text

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06 AN RP 16.01.2025 Ct. No. 01 WPA(P) 8 of 2025 Bharat Kumar Mishra vs. State of West Bengal & Ors. Mr. Debranjan Banerjee Ms. Nandini Chatterjee … for the Petitioner Mr. Kishore Datta, Ld. A.G. Mr. A. Ray, Ld. G.P. Mr. Sirsanya Bandopadhyay Ms. Sumita Shaw … for the State 1. The petitioner who is stated to be the authorized representative of Gangasagar Tirthayatri Sanyukta Samiti has prayed for a writ of prohibition to prohibit the respondents who are all Officials of the State from organizing/permitting any protests/rallies/ demonstrations to be organized in the name of “Nabanna Abhijan” or any other name whatsoever in the surrounding places of Wellington Square or Nabanna scheduled to be held on 16.01.2025. 2. During the course of hearing, one of us (T. S. Sivagnanam, C.J.) made an observation that the citizens of West Bengal are a very tolerant society. They have lived and have learnt to live amidst protests/rallies/demonstrations organized by various organizations and many of them are sponsored by the ruling dispensation. The State has already put in place a procedure by which an organization which proposes to conduct a rally or a protest or demonstration have to file an application before the 1 appropriate authority which will be considered. There are several cases filed before the learned Single Judge where such permissions are denied or where there are certain restrictions imposed. So, therefore, it is for the State to regulate the matter and ensure that the public are not put to any inconvenience. 3. Learned counsel appearing for the petitioner would submit that as a long standing practice, people/pilgrims who go to Gangasagar would return to Kolkata and visit the Kalighat Temple and if any protest or rally or demonstration is conducted on 16.01.2025, it will affect such people and/or pilgrims and in the past there have been several instances where the Police could not bring the situation under control. As observed, it is for the State to ensure that the law and order situation has been maintained. The petitioner would state that a demonstration in the name of “Nabanna Abhijan” is to be organized. It is not clear that which organization is going to organize the protest/rally or demonstration. 4. Therefore, we leave it to the State to ensure adequate measures are taken so that the people/pilgrims could visit Kalighat Temple are not put to inconvenience. 5. With the above observations, the writ petition stands disposed of. (T. S. Sivagnanam) Chief Justice (Hiranmay Bhattacharyya, J.) 2 3