The Calcutta High Court recently remarked on the deep sense of pride that every Indian citizen holds for the nation's tricolor flag. This sentiment was highlighted as the court granted permission for the organization of a Tiranga rally on Republic Day.
Justice Rajasekhar Mantha, a single-judge of the court, emphasized that it is the "indisputable responsibility" of the police to actively support and facilitate the organization of Tiranga Rallies.
"Every citizen of this country takes pride in the Tri-colour.'' , the court said.
The court explicitly clarified that it had no interest in the political affiliation of individuals intending to organize the rally aimed at promoting the tricolor.
These remarks were issued in response to a petition filed by Sanjib Sau, the petitioner, challenging the decision of the Hasnabad Police Station in the North 24 Parganas district. The court made these observations while disposing of the said plea.
The petitioner, seeking approval for a Tiranga Rally involving more than 3,000 participants on January 26, 2024, in celebration of Republic Day from 12 noon to 4 PM, faced denial of permission from the police. Subsequently, the petitioner approached the High Court seeking relief.
The court observed that the proposed timing of the rally would not coincide with any scheduled events at schools or colleges in the area. Additionally, the court rejected the argument suggesting a potential disturbance of public tranquility on the grounds that the rally was planned for a public holiday.
The court further emphasized that Republic Day, being a public holiday, has historically been characterized by peace in West Bengal.
The single judge also rejected the State's argument that the rally might lead to public inconvenience.
"In this regard, the Division Bench of this Court headed by the Chief Justice has already pronounced that rallies are common place in the State and City. The public at large are used to such rallies and inconvenience to them is taken in stride," the judge said while disposing of the petition.
However, the court directed the petitioner to ensure that emergency services are not obstructed in any way during the conduct of the rally.
The petitioner himself shall be the person responsible for all the undertakings given in the petition and for compliance of all the stipulations and conditions that are normally imposed by the police for holding any public rally in the State," Justice Mantha said.
Advocates Rajdeep Majumder, Moyukh Mukherjee, Pritam Roy and Sagrika Banerjee appeared for the petitioner.
Advocate General Kishore Datta along with advocates Amal Kumar Sen and Amrita Panja Moulick, represented the State
Case Title - Sanjib Kumar Sau vs State of West Bengal
Website designed, developed and maintained by webexy