Authority: High Court at Calcutta
Order Date: 10 September 2026
Case Overview
- Petition filed by Asit Mazumder seeking permission to hold a political rally on 11 September 2026, originally requested on 1 September 2026, for 5,000 participants between 14:00 hrs and 17:00 hrs on GT Road, Hooghly.
- Inspector‑in‑Charge, Serampore Police Station issued an order on 7 September 2026 refusing the rally permission, citing potential inconvenience and security concerns.
- Respondents included the State of West Bengal, additional advocates, and Rishra Shyamaprasad Seva Samity, which intervened, arguing that the rally would cause congestion on the narrow GT Road.
- The police communication highlighted that the proposed procession route could affect access to Walsh Hospital, a fire‑brigade establishment, and five schools situated nearby.
- The petitioner argued that other political groups regularly hold rallies on GT Road and that the proposed rally would keep one flank of the road open, minimizing inconvenience.
- The Court referenced Supreme Court judgment Himat Lal K. Shah Vs. Commissioner of Police, Ahmedabad & Anr. (1973) 1 SCC 227, emphasizing that the right to assemble under Article 19(1)(b) can be regulated for the public interest.
- An alternative venue, Mahesh Jagannath Dev's Snanpiri Maidan, was suggested by the petitioner; the State suggested proceeding on Delhi Road.
Final Outcome
- The Court permitted the petitioner to hold a meeting (instead of a rally) on 11 September 2026 at Mahesh Jagannath Dev's Snanpiri Maidan.
- Meeting time: 13:00 hrs to 15:00 hrs.
- Maximum participants: 2,000.
- Conditions imposed:
i) Sound limits must be observed.
ii) No inflammatory statements that could incite communal tension.
iii) Police authorities to deploy adequate personnel to maintain law and order.
iv) Organisers must not convene any procession on GT Road nor block the road.
v) Names and mobile numbers of ten volunteers (listed on page 26 of the writ petition) are to be provided for meeting management.
vi) The venue must be vacated immediately after the meeting.
vii) A temporary stage may be erected for the meeting and must be dismantled immediately thereafter.
viii) Inspector‑in‑Charge, Serampore Police Station is directed to provide protection to organisers, electricians, and decorators, ensuring safe removal of equipment.
- The writ petition is disposed of, and advocates are directed to communicate the gist of this order to the Inspector‑in‑Charge, Serampore Police Station without delay.
Topics: Public Assembly, Judicial Order