Authority: Calcutta High Court (High Court at Calcutta)
Order Date: 17‑09‑2026
Case Overview
- Parties: Applicant – Inspector‑in‑Charge, Serampore Police Station; Jagannath Jew Trustee Board (Pradhan Sebait, President, Member); Respondent – Asit Mazumder (writ petitioner) and others; State of West Bengal and others as respondents.
- Proceedings: Two review applications were filed – RVW 233/2026 (by the police) and RVW 234/2026 (by the Trustee Board) seeking leave to review the judgment dated 10‑09‑2026 which had permitted the writ petitioner’s political party to hold a rally on 11‑09‑2026 at "Mahesh Jagannath Dev's Snanpiri Maidan" without the Trustee Board’s permission.
- Legal Submissions:
- The Trustee Board argued that the Maidan is private property and, per Supreme Court judgment (1973 1 SCC 227, paragraph 35), no assembly may be held without owner consent.
- The writ petitioner contended that the venue had historically hosted political meetings and that a resolution dated 05‑07‑2026 by the Trustee Board refused permission for any political programme at the Maidan.
- The police argued that the earlier judgment directed police deployment for the 11‑09‑2026 meeting despite lack of owner permission.
- Both sides cited the Supreme Court’s observations on Article 19(1)(b) and the need for private land owners’ consent.
Final Outcome
- The Court allowed both review applications, noting that the Maidan is owned by the Trustee Board and that meetings on private land require the owner’s permission.
- The Court modified the earlier judgment (10‑09‑2026) and granted the writ petitioner permission to hold a political meeting (not a rally) on public land – Serampore Court Ground on 26‑September‑2026 (the fourth Saturday of September, a holiday).
- Conditions imposed:
1. Meeting time: 16:00‑18:00 hours.
2. Sound limits must be observed.
3. No inflammatory statements that could incite communal tension.
4. Adequate police personnel to maintain law and order.
5. No procession or blockage on G.T. Road.
6. Ten volunteers’ names and mobile numbers to be submitted to police by 18:00 hrs, 24‑09‑2026.
7. Attendance limited to 1,000 participants; a Z+ category protectee may attend, requiring a buffer zone between stage and crowd.
8. One temporary stage may be erected and must be dismantled immediately after the meeting.
9. Inspector‑in‑Charge, Serampore Police Station directed to provide protection.
10. Assistance for electricians and decorators to retrieve equipment without hindrance.
11. Learned District Judge, Hooghly to grant necessary permission for the meeting.
- The judgment dated 10‑09‑2026 is thereby reviewed and modified.
- The review applications RVW 233/2026 (with CAN 1/2026) and RVW 234/2026 (with CAN 1/2026 and CAN 2/2026) are disposed of as per the above directions.
Topics: Court Review Order, Political Meeting Permission