Article 19(1)(b) permits reasonable regulation of demonstrations to protect public convenience and traffic.

West Bengal State Jamiat-e-Ulama, through its General Secretary, sought police permission to conduct a sit-in demonstration beside Metro Channel, Esplanade, with approximately 500 participants on 6–8 September 2026, from 10:00 a.m. to 5:00 p.m.

An earlier application for demonstrations on 26–28 August 2026 had been rejected, with the police requiring a modified programme.

The subsequent application dated 24 August 2026 was also rejected by email dated 31 August 2026, again with a request for a modified programme.

The petitioner challenged the rejection and sought permission for the proposed demonstration.

The State opposed the petition on the ground that a three-day demonstration involving 500 persons at Esplanade would obstruct commuters and pedestrians and adversely affect residents of Kolkata.

As an alternative, the State suggested Raja Subodh Mullick Square, with a maximum of 250 participants, on Sunday, 6 September 2026, for a shorter duration.

Whether the petitioner’s right to organise a sit-in demonstration under Article 19(1)(b) of the Constitution could be regulated in order to protect public convenience, traffic flow, and the corresponding rights of other residents.

Whether permission should be granted for the proposed demonstration at the Esplanade/Metro Channel venue for three consecutive days, or instead at an alternative venue subject to restrictions concerning date, duration, and number of participants.

The Court applied Article 19(1)(b) of the Constitution, recognising the right to assemble peaceably and without arms, subject to reasonable regulation in the interests of public order and the rights of others.

Relying on Himat Lal K. Shah v. Commissioner of Police, Ahmedabad & Anr., (1973) 1 SCC 227, particularly paragraph 42, the Court held that the right of assembly may be regulated in the interests of all so that everyone can enjoy the corresponding rights.

The Court also applied the principle that public demonstrations must be regulated to preserve normal traffic movement, public access, communal harmony, and law and order.

The Court balanced the petitioner’s right to hold a demonstration against the interests of daily commuters, pedestrians, residents, and the need to maintain normal traffic in the Esplanade area.

It accepted that the proposed three-day programme involving approximately 500 participants could substantially obstruct access to the Esplanade area.

However, rather than completely denying the right of assembly, the Court adopted the State’s alternative proposal and permitted the demonstration at Raja Subodh Mullick Square on 6 September 2026.

The Court proportionately modified the proposed programme by limiting it to approximately 400 participants and four hours, while imposing safeguards concerning identification of volunteers, prohibition of arms, sound control, prevention of communal incitement, police deployment, immediate dispersal, and restoration of the venue.

The petitioner was directed to provide the respondent no. 10 with the particulars and mobile numbers of 20 responsible volunteers by 4 September 2026 at 6:00 p.m.

Participants were prohibited from carrying or brandishing arms or weapons and from making slogans or statements likely to cause communal tension; sound norms were to be observed.

One temporary stage could be erected and had to be dismantled immediately after the programme, with the organisation required to restore the venue the same day.

The police were directed to maintain law and order, participants were to disperse immediately after the programme, and governmental authorities, including the Kolkata Municipal Corporation, were directed to provide necessary cooperation.