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2000 DIGILAW 219 (CAL)

Ananda Marga Pracharaka Sangha v. State of West Bengal

2000-04-28

BHASKAR BHATTACHARYA

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JUDGMENT 1. In this writ application, the writ petitioners, namely, Ananda Marga Pracharaka Sangha and its Public Relations Secretary have come up with the allegation of non-consideration of their application for permission to hold a procession and meeting on April 30, 2000 to commemorate death of some of the members of their association with use of microphone and matador van. During the pendency of the writ application, the Commissioner of Police has passed an order rejecting such prayer. The said order has been annexed by a supplementary affidavit filed by the petitioners. 2. It appears from the materials-on-record that from the year 1984, the petitioners are holding similar type of meetings and processions every year on the aforesaid day, namely, April 30, 2000, but the Police authority on each occasion refuses such prayer which compels the petitioners to come up before this Court in every year. The petitioners have annexed different orders passed by this Court in the different years in the past. 3. It appears from Annexure 'X' to the supplementary affidavit, namely, order dated April 11, 2000 that the Commissioner of Police has assigned no reason why such permission sought for by the petitioners cannot be granted. By the said order he has simply expressed his regret for not granting permission. 4. After hearing Mr. Mukherjee in support of the application and Mr. Mondal appearing on behalf of the respondents and after going through the entire materials-on-record, I find that in the past similar allegation was made by the petitioners and this Court passed orders permitting the petitioners to hold such procession and meeting on certain conditions. 5. As indicated above, no reason has been assigned by the Commissioner of Police in the order refusing such permission and in the face of such fact I dispose of this application by passing the following order in view of the fact that no useful purpose will be served by remanding the matter back to the Commissioner of Police for reconsideration of the prayer. 6. 6. Subject to the undertaking given by the petitioner No.2 on behalf of the petitioner No.1 that they will not violate any of the terms and conditions set forth here-in-below, the respondent Police authority will permit Ananda Marga Pracharaka Sangha to take out a procession on April 30, 2000 on the following terms and conditions: – (1) That no Tandav dance shall be performed in the procession or event at the congregation point. (2) No participant in the procession shall carry any human skulls, tridents, daggers, snakes or any weapons or objectionable materials either during the procession or at the public meeting. (3) The processionists shall be permitted to carry any number of banner or placard but such banner or placard shall not contain any writings or pictures which are prejudicial to the interest of the sovereignty and integrity of India, the security of State, friendly relations with foreign States, public order, decency or morality nor those writings or pictures should amount to contempt of Court, defamation or incitement to an offence as mentioned in Article 19(2) of the Constitution of India. (4) As far as the use of microphones on mobile vehicles is concerned, the petitioners will be permitted to use microphones on eight mobile vans (one microphone for each van) and the sound level of such microphone will not exceed 65 decibels. The noise level fixed by the Pollution Control Board must be followed. The Pollution Control Board shall keep a watch on the use of microphones and if it is found that the same exceeds the fixed level, they will be entitled to proceed against the petitioners accordingly. (5) The procession shall begin at 3 P.M. from Deshapriya Park and the entire proceedings ending at Bijon Setu must be completed by 6 P.M. It is made clear that the procession shall not proceed through any area where there is any prohibitory order under Section 144 of the Code of Criminal Procedure in force. The processionists will not assemble at any point to create any traffic jam. Eight matador vans carrying children and women will be permitted to accompany the procession. The Police authorities will take remedial steps. 7. The processionists will not assemble at any point to create any traffic jam. Eight matador vans carrying children and women will be permitted to accompany the procession. The Police authorities will take remedial steps. 7. Before parting with this case I cannot help expressing my disapproval of the order passed by the Commissioner of Police in view of the fact that this Court in the past set aside this type of order on more than ten occasions and those orders were passed in the presence of the learned Counsel for the parties including that of the State-respondents. Those orders were never challenged by the state-respondents before the appellate authority. In spite of suffering such orders the respondents authorities have passed similar type of order in this year also. . It is expected that the respondents should act by paying due regard to the law of the land. For the order passed by the respondent concerned a citizen of this country has been forced to approach this Court in each year. I expect that the respondent authority will take care of the orders passed by this Court in the past while considering future application of the petitioners. 8. With the above observations, the writ application is disposed of. 9. There will be no order as to costs. In view of the fact that the meeting is going to be held day after tomorrow, let a plain copy of the order countersigned by the Assistant Registrar (Court) be handed over to the learned Counsel for the parties on an undertaking to file an application for urgent xerox certified copy in course of this day.