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2025 DAILYLAW 9197 (CAL)

2022, PRATHAMIK TET PASS D.EL.ED AIKKA MANCHA AND ANR v. STATE OF WEST BENGAL AND ORS.

WPA/2950/2025 · 2025-02-07

Tirthankar Ghosh

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

07.02.2025 Court No. 35 Item No.20 Rakib W.P.A. 2950 of 2025 2022, Prathamik TET Pass D.EL.ED Aikka Mancha & Anr. VS The State of West Bengal & Ors. Mr. Sabyasachi Chatterjee, Mr. Omar Faruk Gazi. ... for the Petitioners. Mr. Kishore Dutta, Ld. AG., Mr. Swapan Banerjee, Ld. AGP., Ms. Sumita Shaw, Mr. Soumen Chatterjee. … for the State. Affidavit-of-service filed by the petitioner be kept with the record. Petitioner has prayed for a sit in demonstration to be conducted between 11th of February, 2025 to 13th of February, 2025 with 200 participants and to that effect they applied to the Bidhannagar Police Commissionerate, which was received by the said office on 28th of January, 2025 but till date the same has not been responded to by the police authorities. Learned advocate submits that the petitioners would without disturbing the traffic in any form (which would include the road and the service road) participate in such sit in demonstration. Mr. Banerjee, learned Additional Government Pleader on instruction submits that the venue so suggested is not acceptable to the State considering 2 that there are nearby schools and ensuing Madhyamik Examination, 2025 are scheduled to be held on and from 10th of February, 2025. Having considered that the petitioners are also aggrieved and they have some reasons for agitation, I am of the view that the sit in demonstration be permitted only on one day i.e. 11th of February, 2025 between 12.00 pm to 5.00 pm at Central Park, opposite DD10 Nursing Home. On behalf of the State the following conditions have been forwarded which are set out as follows: (i) Let the petitioner and their associates hold a peaceful “sit-in demonstration” with not more than 200 individuals on 11th of February, 2025 between 12.00 pm to 5.00 pm at “Central Park, opposite DD10 Nursing Home”. (ii) The stage that is to be erected by the petitioner for peaceful “sit-in demonstration” should be as per mutually agreed with the police authorities. (iii) The petitioner shall abide by all the conditions for holding such peaceful “sit- 3 in demonstration” and shall not cause any undue obstruction to public at large. (iv) 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. (v) The police arrangements would be made under the supervision of the Officer-in- Charge, Bidhannagar (North) Police Station of the concerned police station or any Superior Officer as decided by the administration. (vi) Demonstration shall be held subject to observance of rules in relation to noise pollution and without causing any inconvenience to the public at large. (vii) The place of demonstration shall be appropriately cleaned after the demonstration.” Mr. Chatterjee, learned advocate appearing on behalf of the petitioners undertakes to abide by the conditions so imposed. It is reiterated that there should not be use of any microphones, however, 4 within the decibel limit the petitioners may use hand microphones. List of 10 organizers be forwarded to the Police Authorities with whom the authorities may co- ordinate for facilitating the programme and in case there is a crisis the Police Authorities can communicate, so that responsibility is taken by the 10 organizers to dissuade the crisis and the situation do not go beyond control. Police authorities would ensure that any excitement or anger is dissipated by both the organizers and the police authorities. It is further directed that the organizers would ensure that no public servants are assaulted and/or heckled. The private properties which are situated in and around the vicinity should not also be subjected to any severe consequences because of outcome of anger of demonstrators who are gathering with the object of furthering their cause. With the aforesaid observations WPA 2950 of 2025 is disposed of. All concerned parties shall act on the server copy of this order duly downloaded from the official website of this Court. 5 Urgent photostat certified copy of this order, if applied for, be supplied to the parties upon compliance with all requisite formalities. (Tirthankar Ghosh, J.)