ASIT MAZUMDER vs STATE OF WEST BENGAL AND ORS.

Form No. J.(2)
Item No. DL/1
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. 24864 of 2026

Asit Mazumder
Vs.
The State of West Bengal & Ors.

For the Petitioner : Mr. Kalyan Bandopadhyay
Mr. Sirsanya Bandopadhyay
Mr. Rahul Kumar Singh
Mr. Md. Danish Farooqui
Ms. Shrobana Sengupta
Ms. Sneha Sarkar
Mr. Kaushik Bandopadhyay

For the State : Mr. Billwadal Bhattacharyya, Ld. AAG
Mr. Srijib Chakraborty
Mr. Suryaneel Das
Ms. Megha Datta
For the Rishra Shyamaprasad
Seva Samity : Mr. Jishnu Chowdhury
Mr. Sumitava Chakraborty


Hearing concluded on : 10.09.2026
Judgment on: : 10.09.2026

SAUGATA BHATTACHARYYA, J:
1. Affidavit of service filed on behalf of petitioner is taken on record.

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2. Supplementary affidavit is also filed enclosing order passed by
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Inspector-in-Charge, Serampore Police Station dated 7
September, 2026 thereby refusing to grant permission as sought
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for vide application dated 1 September, 2026 to hold a political
rally.
3. Matter is heard in presence of learned advocates representing
parties.
4. Mr. Kalyan Bandopadhyay, learned senior advocate representing
petitioner submits that in prescribed proforma an application was
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made on 1 September, 2026 seeking to hold political rally on
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11 September, 2026 with five thousand participants during
14:00 hrs. and 17:00 hrs. It is submitted that ultimately after
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filing of this writ petition on 7 September, 2026 on the same day
prayer of petitioner to hold rally was negated assigning certain
reasons. In support of case made out in the writ petition it is
contended on behalf of petitioner that other political organizations
are regularly holding rally on GT Road, Hooghly but whenever
petitioner’s political organization prays for permission to hold
rally that is repeatedly turned down. It is also submitted that rally
is to be held in a manner which will keep one flank of GT Road
open for ensuring vehicular movement and use by pedestrians.
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Therefore, holding of rally in terms of application dated 1
September, 2026 will not cause inconvenience to local residents.

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5. On the contrary, Mr. Billwadal Bhattacharyya, learned Additional
Advocate General has opposed this writ petition and submissions
are made in order to substantiate the decision communicated by
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Inspector-in-Charge, Serampore Police Station on 7 September,
2026.
6. Mr. Jishnu Chowdhury, learned senior advocate representing
Rishra Shyamaprasad Seva Samity has intervened in this matter
and submitted that holding of rally as per application of petitioner
will cause inconvenience considering width of GT Road and
congestion which is found on working days.
7. On perusal of the communication of Inspector-in-Charge,
Serampore Police Station which is at page 16 of supplementary
affidavit goes to show that proposed route of the procession which
petitioner’s organization has decided to follow may impact access
to Walsh Hospital and there is an establishment of Fire Brigade
as well as five schools are located in and around particular area
through which this procession will proceed.
8. Having considered the respective submissions made on behalf of
petitioner and respondents this Court needs to strike a balance so
that police authorities will not find any difficulty to manage the
situation on the day programme is scheduled to be organized by
petitioner’s organization and democratic right of petitioner’s
organization can be preserved.

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9. This Court finds support taking note of the observations made by
Hon’ble Supreme Court in paragraph 42 of the judgment Himat
Lal K. Shah Vs. Commissioner of Police, Ahmedabad & Anr.
reported in (1973) 1 SCC 227. It was observed therein right
enshrined under Article 19(1)(b) of the Constitution of India can
be regulated in the interest of all so that all can enjoy right.

10. Mr. Bandopadhyay, learned senior advocate representing
petitioner during course of hearing while answering certain
queries of this Court has submitted that as an alternative
meeting can be convened at Mahesh Jagannath Dev’s Snanpiri
Maidan whereas on behalf of State respondents it was suggested
that rally can be convened as per date and time indicated in the
application on Delhi Road. .
11. Taking note of inconvenience which local residents may face by
convening rally on working day on GT Road which is narrow
road suggestion made on behalf of petitioner is found to be
acceptable. Instead of convening political rally/procession if a
meeting is convened at Mahesh Jagannath Dev’s Snanpiri
Maidan in that event anxiety which has been expressed on
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behalf of police authorities vide communication dated 7
September, 2026 can be obviated.
12. In aforesaid conspectus petitioner is permitted to hold a meeting
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on 11 September, 2026 subject to following conditions:-

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i) That petitioner shall be permitted to hold
meeting at Mahesh Jagannath Dev’s
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Snanpiri Maidan on 11 September,
2026 in between 13:00 hrs. and 15:00
hrs. with 2000 (two thousand)
participants.
ii) While convening meeting petitioner shall
follow sound limits.

iii) During meeting no inflammatory
statement shall be made leading to
communal tension.
iv) Concerned police authorities shall depute
adequate police personnel to maintain
law and order and to see that no
untoward incident takes place.
v) Organizers of said meeting shall not
convene any procession on GT road and
shall not block GT Road.
vi) Names of 10 volunteers and their mobile
numbers are provided at page 26 of the
writ petition who will be responsible for
convening meeting strictly in terms of
order passed by this Court today.
vii) After convening meeting place shall be
vacated immediately.
viii) For convening meeting petitioner shall be
permitted to raise one temporary stage
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on 11 September, 2026 and that will
also be dismantled just after the meeting.
ix) Inspector-in-Charge, Serampore Police
Station is directed to provide protection

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thereby permitting organizers of meeting
to hold programme peacefully. Necessary
assistance and protection shall also be
provided for permitting electricians and
decorators to take back their items
without any hindrance.

13. With the aforesaid directions writ petition stands disposed of.
14. Learned advocates representing petitioner and State
respondents are directed to communicate gist of this order to
the Inspector-in-Charge, Serampore Police Station immediately
without waiting for server copy of the order.

(SAUGATA BHATTACHARYYA, J.)