ABDUS SALAM MONDAL vs STATE OF WEST BENGAL AND ORS.

Form No. J.(2)
Item No. DL/4
adeb - AR (CT)
Ct. No. 05

IN THE HIGH COURT AT CALCUTTA
CONSTITUTIONAL WRIT JURISDICATION
APPELLATE SIDE

Before:
THE HON’BLE JUSTICE SAUGATA BHATTACHARYYA

W.P.A. 24201 of 2026

Abdus Salam Mondal
Vs.
The State of West Bengal & Ors.

For the Petitioner : Mr. Syed Nafirul Islam
Mr. Sabyasachi Chatterjee
Mr. Mustafijur Rahaman
Md. Babul Hussain
Md. Ejaz Akhter
Mr. Apzal Ansari
Md. Taslim
Ms. Afsana Khan
Md. Nauroz Rahbar
Md. Jawaad
Mr. Manas Das
Mr. Parwez Alam Khan
Mr. Sabhaz Alam
Md. Sayed Khan
Mr. Khan Faiz Bahadur
Mr. Gauranga Ghosh
Mr. Udoy Pratap Singh
Mr. Prakash Singh
Mr. Imtiaz Akhtar

For the State : Mr. Billwadal Bhattacharyya, Ld. AAG
Mr. Anish Kumar Mukherjee
Mr. Tamaghna Pramanick

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Hearing concluded on : 03.09.2026
Judgment on: : 03.09.2026

SAUGATA BHATTACHARYYA, J:
1. Affidavit of service filed on behalf of petitioner is taken on record.
2. West Bengal State Jamiat-e-Ulama (for short ‘said organization’)
through its General Secretary has approached this Court with
this writ petition, inter alia, praying for direction upon concerned
police authorities for permitting said organization to hold sit-in
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demonstration based on application made on 24 August, 2026
to the Joint Commissioner of Police (Headquarters) being
respondent no. 10.
3. Mr. Sabyasachi Chatterjee, learned advocate representing said
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organization submits that first application was made on 20
August, 2026 addressed to respondent no. 10 seeking permission
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to convene sit-in demonstration on 26 , 27 and 28 August,
2026 which was turned down vide email communication dated
st
21 August, 2026 by respondent no. 10 citing certain difficulties
and asking said organization to make further application
disclosing modified programme.
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4. In pursuant thereto application dated 24 August, 2026 was
th th th
submitted for convening sit-in demonstration on 6 , 7 and 8
September, 2026 from 10:00 hrs. to 17:00 hrs. beside Metro
Channel with approximately 500 participants. Said application

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was again turned down with a proposal to submit modified
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programme by another application vide email letter dated 31
August, 2026 of respondent no. 10. On being aggrieved by said
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email letter dated 31 August, 2026 of respondent no. 10 this
writ petition is preferred seeking permission to hold sit-in
demonstration based on application made by said organization on
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24 August, 2026 beside Metro Channel with approximately 500
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participants on three consecutive days i.e. 6 , 7 and 8
September, 2026 during 10:00 hrs. and 17:00 hrs.
5. Mr. Billwadal Bhattacharyya, learned Additional Advocate
General representing State respondents has opposed this writ
petition and submissions are made in order to substantiate
st
contents of impugned email letter dated 31 August, 2026 of
respondent no. 10. It is contended on three consecutive days with
500 participants at Esplanade Area if sit-in demonstration is
permitted to be convened in that event daily commuters and
pedestrians will find it difficult to have access to Esplanade area
and residents of Kolkata will be severely hit.

6. During course of hearing it is submitted on behalf of State
respondents that Raja Subodh Mullick Square may be considered
as an alternative venue with maximum 250 participants on
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Sunday i.e. 6 September, 2026. It is also submitted that
programme may be organized having duration of two hours.

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7. Having considered the respective submissions made on behalf of
parties this Court finds it apt to rely upon paragraph 42 of
judgment of Hon’ble Supreme Court reported in (1973) 1 SCC
227 (Himat Lal K. Shah Vs. Commissioner of Police,
Ahmedabad & Anr.) wherein it was observed right under Article
19(1)(b) of the Constitution can be regulated in the interest of all
so that all can enjoy the right. Therefore, right of said
organization to convene sit-in demonstration has to be considered
qua right of other residents of Kolkata and to keep traffic flow at
Esplanade Area normal.
8. Taking note of suggestions made on behalf of State respondents
and giving credence to the application made on behalf of said
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organization dated 24 August, 2026 seeking permission before
respondent no. 10 to convene sit-in demonstration, Court permits
said organization to convene sit-in demonstration on following
terms:-
i) Sit-in demonstration shall be organized
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on Sunday, 6 September, 2026 with
approximately 400 participants.
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ii) By tomorrow, 4 September, 2026, 6
p.m. petitioner shall share particulars
and mobile numbers of 20 volunteers of
said organization who will be responsible
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for organizing programme on 6
September, 2026 in terms of today’s
order, with respondent no. 10.

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iii) During this programme participants will
not carry and brandish any arms and
weapons.
iv) Said organization while convening sit-in
demonstration shall adhere to sound
norms.
v) Said organization shall be permitted to
erect one temporary stage which will be
dismantled immediately after the
programme.
vi) Said organization shall restore normal
condition of Raja Subodh Mullick Square
on the same day after the programme on
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6 September, 2026.
vii) Adequate number of police personnel
shall be deputed to maintain law and
order and to see that no untoward
incident takes place.
viii) Participants shall be dispersed
immediately after the programme.
ix) Duration of programme will be for four
hours from 11 a.m. to 3 p.m.
x) While convening sit-in demonstration
said participants shall not incite slogans
or statements which will lead to
communal tension.
xi) Since Court has directed based on
suggestion made on behalf of State
respondents to organize sit-in
demonstration at Raja Subodh Mullick
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Square on 6 September, 2026 other

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concerned Governmental organizations
including Kolkata Municipal Corporation
shall extend necessary cooperation for
convening aforesaid programme.

9. With the aforesaid directions writ petition stands disposed of.
10. Learned advocates representing petitioner and State
respondents are directed to communicate this order to
respondent no. 10 immediately without waiting for server copy
of the order.

(SAUGATA BHATTACHARYYA, J.)