The Calcutta High Court on Monday permitted Jamiat-e-Ulama to hold a protest rally in Kolkata against the removal of loudspeakers from mosques.

Justice Saugata Bhattacharyya allowed the rally to be held from Rajabazar to Moulali on August 11, between 11:30 AM and 1 PM. The Court, however, capped the number of participants at 750.

Jamiat-e-Ulama had approached the Court after the Kolkata Police denied permission for the rally. The organisation, through its National Secretary, had applied to the police on August 3 seeking permission to hold the rally on August 11, with around 2,000 participants, from Rajabazar to Esplanade. The police rejected the request on August 7 at around 8:30 PM.

The Court took exception to the timing of the rejection. Justice Bhattacharyya told Advocate General Surajit Nath Mitra: “All intimations declining to grant permission are being communicated on Friday evening requiring this court repeatedly to sit during weekend. Do not do this…Every Saturday this court is having to sit to deal with meetings.”

The Court observed that the decision regarding the proposed rally could have been taken earlier. It also noted that the police communication denying permission cited only the fact that the proposed route comprised “busiest commercial and traffic corridors of Kolkata”.

During the hearing, the State referred to an earlier instance of alleged violence during a procession conducted by the organisation.

The Court, however, observed that this allegation had not been mentioned in the police communication denying permission and held that the reason could not subsequently be improved upon.

When the Advocate General submitted that the primary reason for the proposed protest was the Special Intensive Revision (SIR), which is pending before the courts, Justice Bhattacharyya observed:

“It's their right under Article 19 of Indian Constitution.”

The Court also questioned the State's objection to the proposed route on the ground that the rally was to be held on a weekday.

Justice Bhattacharyya remarked: “Is this the only procession being conducted in Kolkata for the past one year?”

While permitting the rally, the Court imposed conditions including limiting participation to 750 persons. Ten volunteers were directed to provide their contact details to the police by 10 PM on Monday.

The organisers were also directed not to use loudspeakers and to use only hand-held microphones. One flank of the road is also required to remain open.

The rally is scheduled to proceed from Rajabazar to Moulali on August 11 between 11:30 AM and 1 PM.