Calcutta High Court Grants Permission For Blood Donation Camp On Death Anniversary Of Dr. Syama Prasad Mukherjee

Update: 2024-06-23 04:30 GMT

The Calcutta High Court permitted the organisation of a blood donation camp to commemorate the death anniversary of Shri Shyama Prasad Mukherjee at a location different from the usual one due to the need for a larger space and ​​continuous vehicular movement in the area.

The Court directed the State to render all necessary assistance required for the event. The permission was granted after the State authorities submitted before the Court that a number of hawkers who were settled inside the park claimed that the event was likely to disrupt their business operations.

A Single Bench of Justice Kausik Chanda observed, “I am of the view that the proposal of the State is fair and reasonable. In that view of the aforesaid, I dispose of the writ petition permitting the petitioner to organise the blood donation camp from 8 a.m. to 4 p.m. at the location proposed by the State. The State as well as the Corporation shall render the necessary assistance to the petitioner as submitted before this Court.

Advocates Subir Sanyal and Loknath Chatterjee represented the petitioner, while S.G.A. Suman Ghosh appeared for the respondents.

The petitioner sought permission to organise the camp in Jatin Das Park, the venue where the camp had been held since 1980. It was argued that a co-ordinate Bench had granted permission to hold the event at the same location last year.

The State submitted that on the last occasion, the blood donation programme was organised in a bus. The State argued that this time, the organisers had proposed to hold the programme on a stage where they also intended to set up a temporary camp. “Such event requires a larger space. The proposed location is near to two hospitals. That apart, a number of hawkers have been settled inside the park. The proposed event is likely to disrupt their business operations” the State argued.

Considering the continuous vehicular movement in the area, the State and the Kolkata Municipal Corporation (KMC) did not consider the location to be ideal to organise the camp.

In light of the arguments presented, the High Court directed the State to propose an alternative location for the event. In response, the State proposed Asutosh Mukherjee Road. The State submitted that the organizers would be permitted to construct a 14 ft. wide stage on the 32 ft. wide road, leaving 18 ft. for vehicular movement. The State also assured it would deploy adequate police personnel to ensure a smooth and hassle-free event. Additionally, organizers would be permitted to use microphones responsibly, considering the vicinity of two hospitals.

Consequently, the Court called the State’s proposal “fair and reasonable” and allowed the organisation of the camp at the location proposed by the State. “The State as well as the Corporation shall render the necessary assistance to the petitioner as submitted before this Court,” the Court directed.

Accordingly, the High Court disposed of the petition.

Cause Title: Subhas Bar v. The State of West Bengal & Ors

Appearance:

Petitioner: Advocates Subir Sanyal, Koustav Chandra Das, Loknath Chatterjee, Chandan Kumar Saha, R. Bhattacharyya, Sukanta Ghosh, Sharda Sha and Chandra Gupta Kamal

Respondents: S.G.A. Suman Ghosh; Advocates Gourav Das, Srijan Nayak and Manisha Nath

Click here to read/download the Order


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