Excerpt
The Calcutta High Court on 19th February 2021, dismissed the petition filed by the Indian Secular Front (Petitioner) to grant the holding of a programme on being satisfied that sufficient grounds have been disclosed in the order of refusal.
Facts of the case
The present writ petition was filed by the Petitioner on an urgent basis against the refusal by the police for permission to hold a programme at the Chinar Park Crossing Service Road.
Because of the implicit urgency involved, direction for filing affidavits would render the writ petition infructuous and hence, an option was given to the learned counsel for the Petitioner to hear the matter without looking into the controverted allegations made on oath in the writ petition, for disposal of the writ petition during the course of the day. Such an option was accepted by learned counsel for the Petitioner.
Petitioner’s arguments
Learned counsel for the Petitioner, by placing reliance on the said rejection order dated February 18, 2021, submitted that no valid reason was given for such refusal to hold the programme.
Further, the Petitioner contended that it was a patent violation of Article 14 of the Constitution of India and submitted that for the same venue, a mass procession has been advertised to be held on February 21 2021 at 3.00 p.m. under the leadership of a member of the ruling party.
Furthermore, the Learned counsel argued that a competent police officer as averred in the writ petition assured that the Petitioner shall get written permission for holding their gathering at Chinar Park. But when the Petitioner approached the authorities, such a refusal order was handed over that day, at the eleventh hour.
Respondent’s arguments
Learned counsel for the State- respondents, on instructions, submitted that the police authorities have never been permitted any political association to hold a gathering at the location sought for by the Petitioner.
Further, it was argued, also on instructions, that the said area was a busy thoroughfare and there will be serious traffic congestion in the event the gathering is held.
Moreover, it was contended that the land-in-question belongs to HIDCO authorities, whose approval has not been taken by the Petitioner for holding such a rally.
Court’s observation
The Hon’ble Justice Sabyasachi Bhattacharyya observed that It appeared from the order of refusal (annexed to the supplementary affidavit) that the reasons given therein were sufficient for the police to refuse permission to an association to hold a mass gathering of considerable proportions in a busy thoroughfare.
Further, the location sought by the Petitioner, as stated in the refusal order, was very congested and busy from the traffic point of view as there was a frequent movement of ambulances and other emergency vehicles take place in the said area, which would be hindered in the event of any congestion due to the proposed gathering. Also, the said route connects to VIP road and there is frequent movement of different categories of security protectees along with this route.
Judgement
The Hon’ble Court dismissed the instant writ petition without any order as to costs. Further, the Court made it clear that this order will not preclude the Petitioner from seeking to hold a gathering by the law in future, at some other area, subject to the consent of the police and other relevant authorities.
Case: Indian Secular Front represented by Kausar Ali Mullick vs The State of West Bengal and others [W.P.A. No. 5152 of 2021]
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