OD-1 ORDER SHEET IN THE HIGH COURT AT CALCUTTA CONSTITUTIONAL WRIT JURISDICTION ORIGINAL SIDE WPO/376/2026 ASIT KUMAR SAHA -VS- THE STATE OF WEST BENGAL AND ORS. BEFORE: The Hon'ble JUSTICE SAUGATA BHATTACHARYYA Date : 13.08.2026 Mr. D. Banerjee, Adv.; Ms. G. Roy, Adv.; Mr. R. Jana, Adv.; Mr. A. Kolya, Adv., for petitioner. Mr. A.K. Mishra, Ld. AGP; Mr. S.K. Mukherjee, Adv.; Mr. S. Das, Ld. AGP; Mr. P. Baidya, A dv., for State. Mr. A. Mandal, Adv.; Mr. R.K. Thakur, Adv., for R-6. 1. The Court: The writ petition is heard in view of urgency canvassed before this Court. Affidavit-of-service filed in Court is taken on record. 2. Mr. Banerjee, learned Advocate representing the petitioner submits that an application was made before the Joint Commissioner of Police(Headquarters), Kolkata Police, vide email letter dated July 30, 2026 proposing to hold a philanthropic programme on Independence Day, August 15, 2026, as it was held in previous years. It is submitted that till date, the application of the petitioner dated July 30, 2026 remains unattended, whereas the proposed programme is scheduled to be convened on August 15, 2026. 3. Learned Advocate for the State respondents has opposed this writ petition on the count that a similar prayer was made by respondent no.6 and no decision is taken on such prayer. It is further submitted that if Court directs, both the applications made by the petitioner as well as respondent no.6 can be considered together by the concerned police authority. 2 4. Respondent no.6 is represented by learned Advocate who submits that similar application has been made seeking permission to hold programme. Therefore, prayer of the respondent no.6 may be considered along with application of the petitioner. 5. Having heard the respective submissions made on behalf of the parties and the case made out on behalf of the petitioner, it appears that similar applications were made by the present petitioner in the years 2023 and 2024 seeking permission from the concerned police authority and it is submitted that based on those previous applications concerned police authority permitted the petitioner to organize such philanthropic programme on Independence day at the same venue. 6. On the contrary, on posing query to the learned Advocate representing respondent no.6, it could not be demonstrated that in previous years similar programme was organized by said respondent no.6. 7. Due to paucity of time, this Court finds it inappropriate to keep this writ petition pending thereby permitting the authority to take decision. It needs to be recorded herein that concerned police authority had enough opportunity to decide on the application of the petitioner which was submitted before the Joint Commissioner of Police (Headquarters) Kolkata Police on July 30, 2026 and till date, i.e. August 13, 2026 no decision is taken. 8. Hence, the Joint Commissioner of Police (Headquarters), Kolkata Police, being the respondent no.3, is directed to permit the petitioner to organize the programme at the same venue subject to fulfilling following conditions: (i) The respondent no.3 shall decide the duration of the programme by tomorrow, i.e. August 14, 2026 and it will be intimated to the petitioner by tomorrow, i.e. August 14, 2026, 6 p.m. in the evening. (ii) Particulars and mobile phone numbers of five volunteers of the organizer shall be shared with the respondent no.3 by 10 p.m. today who will be responsible for 3 convening the programme in terms of the order passed today and directions to be issued by the concerned police authority in this regard. (iii) Organizer shall not use any loud speaker. Petitioner shall be permitted to use hand mic and sound limit shall be adhered to. (iv) Respondent no.3 is directed to depute adequate police personnel in order to facilitate the petitioner to organise the programme without causing hindrance to others. 9. Although this is not the writ petition preferred by respondent no.6, however taking note of submission made on behalf of the State respondents, the respondent no.3 is at liberty to decide the application, if made by the respondent no.6, by tomorrow, i.e. August 14, 2026 by 6 p.m. and the decision, if taken, shall be communicated to the respondent no.6 immediately thereafter. 10. With the aforesaid directions writ petition is disposed of. 11. However, this order shall not be construed as conferment of right upon the petitioner to hold programme repeatedly. 12. Learned Advocate for the petitioner is directed to communicate this order immediately to the respondent no.3 without waiting for the server copy of this order. (SAUGATA BHATTACHARYYA, J.) tk