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2024 DIGILAW 800 (CAL)

Sree Ram Janmotsav Samiti v. State of West Bengal

2024-04-12

JAY SENGUPTA

body2024
JUDGMENT : Jay Sengupta, J. 1. This is an application for holding a Ram Navami procession in Hooghly on April 17, 2024. 2. Learned senior counsel appearing for the petitioners submits as follows. Every year on the occasion of “Ram Navami”, a peaceful procession takes place through a route in Hooghly by the devotees of Lord Rama under the aegis of “Sree Ram Janmotsav Samiti.” This year the procession is to be organized on April 17, 2024. It will start from Jhaji More, Rishra and end at the ground of Jagannath Temple, Mahesh. There will be around 35,000 to 40,000 participants along with 25 cars present in the procession and it will take place between 2 pm to 6 pm. Accordingly, a representation was made to the concerned police authorities. However, a response came on 06.04.2024 putting certain conditions and suggesting an alternative route, to exclude 700 metres stretch of GT Road. Subsequently, the police authorities came up with another letter dated 08.04.2024 where they apparently did not insist upon alteration of the route. However, the police authorities wanted to put some more conditions including scaling down the number of participants from 35,000 – 40,000 to about 100 participants in each of the 13 rallies. The petitioners have drawn inspiration from the directions passed by a Division Bench of this Court on 05.04.2023 in WPA(P) 151 of 2023 where the Court had granted permission to hold certain festivals on compliance of some formalities. The State was, in fact, asked to lay down a standard operating procedure, which has not been done. 3. Learned Advocate General representing the State relies on a suggested route map and submits as follows. The State has neither asked the petitioners to restrict the route, although the same has been permitted by the Division Bench of this Court in case of unfortunate eventualities, nor has the State asked the organisers to change the date or time. First, for each of these 13 rallies, the names of individuals have to be provided who would be responsible for conducting each of these rallies. Secondly, the number of participants has to be drastically reduced from 35,000-40,000 to a manageable one and most importantly, the route over the GT Road may be altered in view of untoward incidents that had taken place last year when the rally had been organised. Secondly, the number of participants has to be drastically reduced from 35,000-40,000 to a manageable one and most importantly, the route over the GT Road may be altered in view of untoward incidents that had taken place last year when the rally had been organised. There were incidents of stone pelting, which led to registration of two FIRs. The State suggests that the rallies take the same route, but through Khatir Bazar Lane before entering into GT Road and end at Jagannath Temple ground. There is already a model code of in operation. The police have to be deployed at different places even to accompany central forces for route marches and the like. At this stage, the diversion of forces to a particular area would not be possible. 4. First, it appears that the Hon’ble Division Bench has laid down certain parameters while deciding the public interest litigation in WPA(P) 151 of 2023. Let the same be complied with by all the parties. 5. The organisers will mention the names of persons who would be responsible for each of the 13 rallies. 6. The number of participants proposed as 35,000 to 40,000 is far to much to pass through the congested route. Let each of the 13 rallies comprise of 200 participants and 20 participants/volunteers. 7. It also appears that an alternative route is suggested by the State for the entire rally to pass through Khatir Bazar Lane, which roughly has a 700 metres stretch. According to the petitioners it is hardly 10 ft. wide and as per the State, it is 15 ft. wide. In any event, this will cause more harassment to the neighbours and the passers-by and would possibly require closing of the entire stretch of road for the period when the rally would pass. 8. That apart, it is the case of the petitioners that they have been holding a rally on the said route for about 10 years, although this does not give them any particular right to such route. Only in the last year, there were few incidents of stone pelting, which are not such that should prevent the petitioners from taking the same route at all or dissuade the State from making security arrangements for such rally. 9. Therefore, let the rally take place through the same route as prayed for. 10. Only in the last year, there were few incidents of stone pelting, which are not such that should prevent the petitioners from taking the same route at all or dissuade the State from making security arrangements for such rally. 9. Therefore, let the rally take place through the same route as prayed for. 10. The other conditions that would apply for holding the rally are as under: (1) The rally shall be held on April 17, 2024 between 2 pm to 5 pm. (2) No arms shall be carried or brandished by any of the participants in the said rally. (3) The organisers shall abide by all applicable laws and norms regarding pollution including noise pollution. (4) The participants shall not use foul language or incite any kind of violence. (5) As the model code of conduct for elections is already in force, the participants shall not make any political speeches. (6) A total number of 20 vehicles can be used by the participants and the vehicle numbers shall be provided to the police authorities in advance with a forty-eight hours’ notice. (7) Names of the volunteers shall be provided to the police in advance with a forty-eight hours’ notice. (8) The procession shall not pause or stop at any place, especially on the GT Road and keep moving. 11. On the other hand, the police authorities shall make adequate arrangements for the safety and security of the participants as well as neighbours and passers-by by deploying adequate number of armed police personnel. They shall be at liberty to take the help of paramilitary forces for such purpose. The overall supervision of the police shall be with the Commissioner of Police, Chandernagore Police Commissionerate. 12. With these observations, the writ petition is disposed of. 13. Parties shall act on server copy downloaded from the official website of this Court.