High Court Allows BJP To Hold Protest Against Unrest In Sandeshkhali, Sets Aside Kolkata Police's Order

The Calcutta High Court has allowed a plea moved by the office secretary of the West Bengal wing of the Bharatiya Janata Party to hold a protest against the unrest that has recently unfolded in Bengal's Sandeshkhali on 28th and 29th February 2024.

A single bench of Justice Kausik Chanda imposed certain conditions in allowing the plea and capped the attendance at a maximum of 150 people. It held:

Needless to mention that right to assemble peaceably, freedom to speech and expression are guaranteed under Article 19 of the Constitution of India. Such rights, however, may be subject to reasonable restrictions imposed by the State.  The number of demonstrators should be restricted within 150.  The demonstrations shall be conducted between 10 a.m. to 6 p.m. 

It was contended by the petitioners that they intended to hold the rally between 26-28th February 2024 and had applied for permission from the Kolkata Police, after attaining permission from the Lt Col. HQ Bengal Sub Area to hold the program near Kolkata's Maidan.

It was submitted that the Kolkata Police had summarily rejected permission citing potential disturbance to school students who would be writing Higher Secondary exams, traffic disruptions, etc.

Petitioners contended that there was no school or college in the area, there was no concern of causing disturbance to students, and that the attendees would be capped at 150.

Accordingly, in holding that the right to assemble peacefully was a fundamental right of the petitioners, the Court set aside the police's order, and allowed the demonstration to go ahead with the following conditions:

i) The Bharatiya Janata Party, West Bengal Unit, will be permitted to hold the sit-in demonstration on 28.02.2024 and 29.02.2024 at the statue of Mahatma Gandhi in Kolkata Maidan.

(ii) The demonstrator shall not be permitted to use any loudspeaker.

(iii) The number of demonstrators should be restricted within 150.

(iv) The petitioner shall ensure that no unlawful activity takes place during the demonstration.

(v) The participants in such demonstrations shall act in a manner that ensures no damage to public property, assault on any government servant or any other transgressions of law.

(vi) The demonstrations shall be conducted between 10 a.m. to 6 p.m.

(vii) The participants in such demonstrations shall impede the flow of traffic or cause any inconvenient to pedestrians.  

Citation: 2024 LiveLaw (Cal) 59

Case: Pranoy Roy v State of West Bengal

Case No: WPA 5376 of 2024

Click here to read order

Read more: [Sandeshkhali Violence] No Stay On Arrest, Apprehend Shahjahan Sheikh: Calcutta High Court To Police