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2025 DAILYLAW 62796 (CAL)

DEBASISH SAMANTA v. STATE OF WEST BENGAL AND ORS.

WPA/28348/2025 · 2025-12-10

Krishna Rao

body2025

Judgment text

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ADSL 1 10.12.2025 Court. No. 25 suvayan WPA 28348 of 2025 Debasish Samanta Vs. The State of West Bengal & Ors. Mr. Billwadal Bhattacharyya, Sr. Adv. Mr. Moyukh Mukherjee Ms. Megha Datta …for the Petitioner. Mr. Swapan Banerjee, AGP Mr. Diptendu Narayan Banerjee Mr. Akash Dutta …for the State. 1. The affidavit-of-service filed by the petitioner be taken on record. 2. The petitioner has filed the present writ application praying for a direction upon the respondents/authorities for allowing the petitioner who is the President of Howrah District (Rural), Bharatiya Janata Party to organize a public meeting from 3.00 p.m. to 8.00 p.m. by using three microphones and 20 speakers. In the said meeting there are expected numbers of participants of 2000 and the place of meeting is Amta Sporting Club Football Ground. 3. The learned counsel for the petitioner submits that on December 8, 2025 the petitioner has applied for permission to the Sub-Divisional Officer for conducting meeting on December 11, 2025 at Amta Sporting Club Football Ground from 3.00 p.m. to 8.00 p.m. in a peaceful manner but till date no permission has been granted. 2 4. The learned counsel for the petitioner submits that the Amta Sporting Club Football Ground wherein the petitioner intends to hold the meeting of Bharatiya Janata Party is a private property and the said sporting club had already granted no objection to the petitioner for holding meeting in the said club. 5. Learned counsel for the State submits that the petitioner intend to hold the meeting with the participants of 2000 persons and also intend to use the 20 speakers which will create havoc to the general public of the said area and as such he prayed for reducing of the participants as well as the use of the speakers. He further submits that the petitioner has given the name of only 10 volunteers but further 30 volunteers are also required for the conducting the meeting of the petitioner. 6. Heard the learned counsel for the respective parties. 7. Perused the materials on record, this Court finds that the petitioner has already applied the permission before the Sub-Divisional Officer on December 8, 2025 for conducting rally as well as the public meeting on December 11, 2025 from 3.00 p.m. onwards but the authorities have not given any permission to the petitioner till date. Accordingly, the petitioner has filed the present writ application as urgent motion. 8. Learned counsel for the petitioner submits that though the petitioner has applied for rally as well as the public meeting but the petitioner will not conduct any rally and only a public meeting will be conducted at the said place from 3.00 p.m. to 8.00 p.m. 3 9. The learned counsel for the State further submits that if this Court allow the petitioner to conduct the public meeting on December 11, 2025 at the said place, the petitioner will be strictly directed that the general public shall not be disturbed. 10. Considering the above, the petitioner is allowed to conduct the meeting at Amta Sporting Club Football Ground from 3.00 p.m. to 8.00 p.m. but it is made clear that by 8.00 p.m. the total gathering shall be disbursed and the meeting shall be conducted in a peaceful manner without disturbing the general public of the said locality as well as the passerby of the main road adjacent to the said place where the meeting is conducted. 11. The petitioner is further directed to use only 15 speakers and the petitioner shall abide by all applicable norms and rules of the sound system as per prevalent pollution control norms as prescribed by the Government of West Bengal. 12. The petitioner is directed to conduct the public meeting without violating any law and will maintain peace in the said area. If the authorities found that the petitioner is violating any law, the authorities are free to take appropriate steps. 13. The police authority is also directed to make necessary arrangement so that the meeting can be conducted in a peaceful manner. 14. WPA 28348 of 2025 is disposed of. 4 15. Urgent Xerox certified copy of this order, if applied for, be given to the parties upon compliance of all necessary formalities. (Krishna Rao, J.)