The Calcutta High Court has permitted the doctors and their associates to hold a peaceful rally on October 1, 2024 from 5:00 p.m. to 8:00 p.m. to protest against the rape of a female doctor at R.G. Kar Medical College while she was on duty.

The Court was dealing with a writ petition preferred by the Joint Platform of Doctors (JPD), an umbrella organization of the Association of Health Service Doctors, West Bengal and its member.

A Single Bench of Justice Rajarshi Bharadwaj said, “Let the petitioners and their associates hold a peaceful rally on 1st October, 2024 between 5:00 P.M. to 8:00 P.M. The route should be from College Square to Rabindra Sadan via Central Avenue, Esplanade.”

Senior Advocate Bikash Ranjan Bhattacharya appeared for the petitioners while Advocate General (AG) Kishore Dutta appeared for the respondents.

In this case, the petitioners made a representation before the Commissioner of Police, Kolkata on September 26, 2024 for a permission to organize a rally from College Square to Rabindra Sadan from 5:00 p.m. to 8:00 p.m. to protest against the assault on a lady doctor at R.G. Kar Medical College while she was on duty. In the reply to such application, the Joint Commissioner of Police by way of an e-mail informed that the petitioners are allowed to hold the proposed programme with 1000 participants and sufficient number of volunteers from College Square to Rani Rashmoni Avenue.

It was further requested to conduct the programme either before 5 p.m. or after 7 p.m. to avoid inconvenience to general public as it is a working day. Resultantly, the petitioners were aggrieved not only by the curtailment of time of the rally but also the limit on the number of protestors. Hence, they were before the High Court.

The High Court in the above regard, observed, “The petitioners shall abide by all the conditions for holding such rallies. The rally shall not cause any undue obstruction to the public at large.”

The Court added that the police authorities shall make necessary arrangements for security with good number of personnel so as to ensure that no breach of peace takes place and the rally can move peacefully.

“The organizers of the rally are requested to provide sufficient number of volunteers to control their supporters and ensure that no breach takes place and the rally can move peacefully”, it further said.

The Court also ordered that the police arrangements would be made under the supervision of the Joint Commissioner of Police, Head Quarter, Lal Bazar, Kolkata.

“The petitioners are requested to communicate this order dated 30.09.2024 to the Joint Commissioner of Police (HQ), Lal Bazar, Kolkata intimating him the name(s) of the person/persons who is/are organising the peaceful rally”, it concluded.

Accordingly, the High Court disposed of the petition and issued necessary directions.

Cause Title- Joint Platform of Doctors & Anr. v. State of West Bengal & Ors.

Appearance:

Petitioners: Senior Advocate Bikash Ranjan Bhattacharya, Advocates Sujit Mitra, Srinjoy Sengupta, Arup Bhattacharya, Samim Ahamed, Aitabha Ghosh, Tapas Maity, Rajit Lal Mitra, Siuddhartha Sankar Mondal, Sabyasachi Chatterjee, Sattavick Majumder, Arnab Sinha, Syed Chandan Hussain, Arka Maiti, P. Baidya, Saloni Bhattacharya, Anjana Mehboob, Nazibuddin Siddiqui, Aniruddh Singh, Gulsanwara Pervin, Ambiya Khatun, Arka Ranjan Bhattacharya, Enamul Islam, Nabanita Chatterjee, Arpita Dhar, Amartya Basu, Arghya Banerjee, and Shiladitya Rakshit.

Respondents: AG Kishore Dutta, SSC Amitesh Banerjee, and Advocate Debangshu Dinda.

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