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2026 DAILYLAW 1835 (CAL)

SWARUP JANA v. STATE OF WEST BENGAL AND ORS.

WPA/892/2026 · 2026-01-15

Suvra Ghosh

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

15.01.2026 rc/ct.no.05 Item No.15 WPA No. 892 of 2026 Swarup Jana Versus The State of West Bengal & Ors. Mr. Koustav Bagchi Mr. Debayan Ghosh ..for the Petitioner Mr. Kishore Datta, Ld. A.G. Mr. Swapan Banerjee Mr. Sumita Shaw Mr. Diptendu Narayan Banerjee Mr. Soumen Chatterjee ….for the State Affidavit of service filed by the petitioner and report submitted by the State are taken on record. The petitioner who is the President of the West Bengal Vector Borne Disease Control Employees Association State Committee seeks to organise an apolitical peaceful day and night sit-in demonstration from January 19, 2026 to January 23, 2026. The petitioner applied for such permission before the police authority and was granted permission to hold such demonstration for 12 hours on January 19, 2026 only. It appears from the report submitted by the State that the State has granted permission for a sit-in demonstration to one Nirupam Koley for 12 hours (8.00 hours to 20.00 hours) on January 21, 2026. Upon much deliberation, the petitioner agrees to hold such demonstration at Mandirtala Bus Stand from 10.00 AM on January 19, 2026 to 10.00 PM on January 20, 2026. The State has no objection if such prayer is allowed subject to restrictions. In view of the above, the petitioner’s committee is allowed to hold the sit-in demonstration at Mandirtala Bus Stand from 10.00 AM on January 19, 2026 to 10.00 PM on January 20, 2026 subject to the following conditions. (i) The participants in the said demonstration shall not exceed 200 at any given point of time. (ii) The stage to be erected for the demonstration should not be more than 12 ft. X 15 ft. (iii) The demonstration shall not cause obstruction to the public at large or free flow of traffic. (iv) No inciteful speech or abusive language shall be used in the demonstration. (v) The sound system shall be used subject to relevant rules and laws. (vi) The names of at least 10(ten) volunteers along with their respective mobile phone number(s) shall be furnished to the police authority. (vii) The said volunteers shall be responsible in the event of any untoward incident in course of demonstration. 2 (viii) The police authority shall deploy adequate number of police personnel to ensure that no breach of peace occurs. (ix) The participants in the demonstration shall disperse within two hours of completion of demonstration. (x) The place shall be adequately cleaned and restored to its original position within 5 (five) hours of the demonstration. (xi) The temporary structure erected therein shall also be removed within the said period of time. With the above observation and direction, the writ petition is disposed of. There shall, however, be no order as to costs. Since no affidavit is invited, the allegations contained in the writ petition are deemed not to have been admitted. All parties shall act on the serve copy of this order duly downloaded from the official website of this Court. Urgent certified website copy of this order, if applied for, be supplied to the parties upon compliance with all requisite formalities. (Suvra Ghosh,J) 3