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Judgment
Jay Sengupta, J
This is an application challenging an order of refusal to permit a sit-in-demonstration.
Learned counsel appearing on behalf of the petitioners submits as follows. The petitioner no.1 is a social welfare organization and the petitioner no.2 is its secretary. The petitioners were aggrieved by the illegal action of the respondent authorities and sought permission to organize peaceful Dharna Moncha/ sit-in-demonstration in front of the Sourav Ganguly Cricket Coaching Camp for a particular period. The police authorities did not allow the same, inter alia, on the ground that the Calcutta Book Fair was being held at Karunamoyee. However, the book fair would be concluded on 31.12.2023 and the petitioners now want to hold the demonstration on and from 01.02.2024 (at about 1 PM) for seven days.
Learned counsel appearing on behalf of the State relies on the report and submits as follows. The place selected as the venue for sit-in-demonstration has often being used for other demonstrations, but for a limited period. However, the nearby places are frequented by people pursuing different vocations. Their commuting cannot be disturbed by an indefinite demonstration.
The petitioners do have a right to demonstrate, however, subject to reasonable restrictions.
It further appears that sit-in-demonstrations have been allowed at the venue, but for limited period.
Let the respondent authorities permit the petitioners to hold a sit-in-demonstration from 01.02.2024 at 1 PM to 04.02.2024 at 1 PM on the service road in front of Sourav Ganguly Cricket Coaching Camp on the following terms.
The number of participants at any point of time shall not exceed five hundred.
The demonstration shall be held peacefully and there shall be no inciting of violence or use of foul language.
If loudspeakers/sound systems are used, the same shall abide by the applicable norms.
The petitioners shall also intimate the names of the individuals who shall be the responsible for holding such demonstration.
The respondent authorities, on the other hand, shall take adequate measures to ensure that on the dates of the sit-in-demonstration, the participants as well as the passersby are protected and no untoward incident or breach of peace takes place.
With these observations, the writ petition is disposed of.
Urgent photostat certified copy of this order be supplied to the parties, if applied for, as early as possible.
Parties shall act on a server copy downloaded from the official website of this Court.