Extracted from the PDF above. The PDF is authoritative.
15 jdt. 19.12.2025 jb. WPA 29052 of 2025 (Prosenjit Basak vs. State of West Bengal & Ors.)
Mr. Koustav Bagchi Mr. Debayan Ghosh Ms. Priti Kar Bagchi …. For the Petitioner Mr. Amal Kr. Samanta …. For the State
Report submitted by the State is taken on record. Heard learned counsels for the parties. The petitioner is the State Secretary of the West Bengal Disaster Management and Civil Defence Fighters’ Association and submits that the Association intends to organise an apolitical peaceful day and night sit-in demonstration from 22nd December, 2025 to 31st December, 2025 continuously at Mandirtala Bus Stand near Nabanna, Howrah. The petitioner is aggrieved by the fact that permission sought from the police authority was not granted to them. Opposing the contention of the petitioner, learned counsel for the State submits that since Mandirtala Bus Stand is an extremely congested area, such continuous demonstration shall impede free flow of traffic and shall cause disturbance and annoyance to the neighbours as well as public at large. This Court is informed that on earlier occasions also the State allowed such programme at Mandirtala Bus Stand subject to certain conditions:
2 Since the Association intends to hold an apolitical demonstration, they may be allowed to do so subject to the following conditions: i) The sit-in demonstration shall be held from 10 am on 22nd December, 2025 and shall conclude by 6 pm on 26th December, 2025. ii) The participants in the demonstration shall not be more than 200 at any given point of time. iii) Stage to be erected for demonstration should not be more than 12 feet by 15 feet. iv) The demonstration shall not cause any obstruction to the public at large or free flow of traffic. v) No inciteful speech or abusive language shall be used in the demonstration. vi) The names of at least 10 volunteers along with their mobile phone numbers be furnished to the police authority. These volunteers shall be responsible in the event of any untoward incident in course of demonstration. vii) Sound system shall be used subject to relevant rules and laws. viii) The police authority shall deploy adequate number of police personnel to ensure that no breach of peace takes place. ix) The participants in the demonstration shall disperse within two hours of completion of demonstration.
3 x) The place shall be adequately cleaned and restored to its original position within 24 hours of the demonstration. xi) Temporary structure erected therein shall also be removed within the sai d period. With the aforesaid observations and directions, the writ petition is disposed of. There shall be no order as to costs. Since no affidavit has been invited, allegations contained in the writ petition shall be deemed not to have been admitted. All parties shall act on the server copy of this order duly downloaded from the official website of this Court. Urgent certified website copy of the order, if applied for, be given to the parties on compliance of requisite formalities. (Suvra Ghosh, J.)