Earmark areas for protests and sit-in demonstrations: HC to state
Times of India | 9 November 2024
12 Kolkata: The Calcutta High Court on Friday asked the state to come up with a notification earmarking areas where sit-in demonstrations and agitations can be conducted. The court said this while allowing the Group D Aikya Mancha (forum) to conduct a sit-in demonstration on Monday and Tuesday at Mandirtala bus stand.
Observing that difficulty arises when one political party is not allowed and another is, the judge said, "Ask your principal secretary for the rules of the state and commissioner of police, Kolkata, or DG, West Bengal. Take reports from the SPs and earmark the areas. For Kolkata, ask the commissioner of police because they are the ultimate authority who would be responsible for the law-and-order situation."
The forum approached the bench of Justice Tirthankar Ghosh seeking to hold a sit-in demonstration at Nabanna bus stand. Amitesh Banerjee, senior standing counsel appearing for the state, contended: "Nobody has been permitted to conduct demonstrations there."
Banerjee submitted that certain areas like Y-Channel have been earmarked for demonstrations. During the proceedings, he said that whenever there is a problem with regards to holding the demonstration, they try to provide an alternative place. "Every citizen has a right to protest. The only power the state has is to regulate," he said.
Justice Ghosh stressed that the state needs to come up with a notification stating the areas specifically so that in the future, in case two organisations decide to sit in demonstration on the same day, an alternative can be suggested.
Banerjee suggested two alternative places to the demonstrators, and finally, Mandirtala bus stand was finalised. However, since the area is crowded and adequate force will be available for two days, the duration of the demonstration was reduced to two instead of three days. Furthermore, the judge took note of the demonstrators' aim and directed that a five-person delegation from the forum will be allowed to meet the chief secretary on Tuesday at 4 pm at his office.
The forum has been conducting demonstrations near Matangini Hazra statue at Dharmatala since Aug 2022.