Authority: High Court at Calcutta

Order Date: 03 September 2026

Case Overview

  • Parties: West Bengal State Jamiat-e-Ulama (petitioners, represented by a list of individuals) versus the State of West Bengal and other respondents.
  • Nature of Proceeding: Writ Petition (W.P.A. 24201 of 2026) seeking a direction to allow a sit‑in demonstration.
  • Background: The organization applied on 20 August 2026 for a sit‑in on 26‑28 August 2026, which was rejected on 21 August citing difficulties. A second application dated 24 August 2026 sought a sit‑in on 6‑8 September 2026 for approximately 500 participants; this was also rejected on 31 August with a request for a modified programme.
  • State’s Opposition: Argued that a demonstration with 500 participants at Esplanade would disrupt traffic and affect residents; suggested Raja Subodh Mullick Square as an alternative venue with a maximum of 250 participants and a two‑hour programme.
  • Court’s Reasoning: Relied on Supreme Court judgment (1973 1 SCC 227) emphasizing that the right to assemble under Article 19(1)(b) can be regulated to protect the rights of others and maintain public order.

Final Outcome

  • The Court permits the organization to hold a sit‑in demonstration on Sunday, 6 September 2026 at Raja Subodh Mullick Square with the following conditions:

1. Approx. 400 participants only.

2. By 4 September 2026, 6 p.m., the petitioner must furnish details and mobile numbers of 20 volunteers responsible for organising the event.

3. No arms or weapons may be carried or brandished.

4. Participants must adhere to sound norms and refrain from inciting communal tension.

5. One temporary stage may be erected and must be dismantled immediately after the programme.

6. The venue must be restored to its normal condition on the same day.

7. Adequate police personnel shall be deputed to maintain law and order.

8. Participants shall be dispersed immediately after the programme.

9. Duration: Four hours, 11 a.m. to 3 p.m..

10. All concerned governmental bodies, including Kolkata Municipal Corporation, shall extend necessary cooperation.

  • The writ petition is disposed of.
  • Advocates for both sides are directed to communicate this order to respondent No. 10 without awaiting a server copy.

Topics: Public Order, Freedom of Assembly