Assemblage At Public Place Not To Be Restrained Unless There Is Imminent Threat To Breach Of Public Order: Calcutta HC Permits ‘Abasthan’ In Protest Of RG Kar Hospital Incident
The Calcutta High Court allowed the holding of ‘Abasthan’ in protest of doctor’s rape and murder on August 9 at RG Kar Hospital in Calcutta.
The Court directed the authorities to let the Petitioner Sujit Chatterjee and his associates hold the ‘Abasthan’ from August 21, 2024, to August 25, 2024, between 11.00 AM & 9.00 PM at Bhupen Bose Avenue, beside Shyambazar Metro Station Gate No.1, Kolkata with not more than 300 supporters.
The bench of Justice Rajarshi Bharadwaj relied on the decision of the coordinate bench in 2017 SCC OnLine Cal 1914 (Sasanka Sekhar Dey & Ors. Vs. State of West Bengal & Ors.) and quoted, “…If the assemblage of invitees to the function is not for an unlawful, purpose (which is not the case of the respondents), then such assemblage at a public place ought not to be restrained until and unless there is an imminent threat to the breach of public order. Even then, the restraint must be just and reasonable balancing the interest of the individual with that of public safety. It must not only the reasonable but also least invasive and minimal.”
Advocate Subir Sanyal appeared for the Appellant and SSC Amitesh Banerjee appeared for the Respondent.
The Petitioner sought to organise a peaceful "Abasthan" from August 16, 2024, at Bhupen Bose Avenue, near Shyambazar Metro Station, Kolkata, in protest of the August 9 incident at R.G. Kar Medical College. Even though they submitted applications to the concerned police stations and the Joint Commissioner of Police no permission has been granted. The Petitioner requested a direction for the State authorities to permit the peaceful protest starting from 21st August 2024.
The High Court took judicial notice of the fact that there are several instances regarding processions, rallies, meetings etc. which are held in regular intervals in the State of West Bengal and more particularly in Kolkata.
“Demonstration/Dharna/Abasthan had also taken place on week days by different political parties.”, the Court noted.
The Court mentioned the decision in the State of West Bengal and Ors. Vs. Jagannath Chattopadhyay in MAT No. 2283 of 2023 with I.A. CAN 1 of 2023 where according to the Court it was observed, “that there should be level playing field for all political parties for holding public rallies, gatherings, meetings and the law and order has to be looked into by the State.”
The Court directed authorities to make all necessary arrangements for security with a good number of personnel to ensure that no breach of peace takes place.
Accordingly, the Court allowed the Petition.
