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Synopsis

The Calcutta High Court recently passed an interim order granting permission for a public meeting i.e., Janasabha of the Bharatiya Janata Party (BJP) which was earlier denied permission by the Keshpur Police Station.

The Single Judge Bench of Justice Rajasekhar Mantha said, “This Court is unable to appreciate as to how or why a permission already granted by the President of the Village Committee can be objected to by the same person at a subsequent stage. The Officer-in-charge, Keshpur Police Station has further communicated that there are two other persons who had submitted objections to holding a meeting.”

In this case, the Officer-in-Charge of the Keshpur police station is alleged to have erroneously and illegally revoked permission for the BJP to conduct a public meeting at Biswanathpur Patna (Hat Chala), Keshpur, despite having granted permissions previously. Petitioner Sandip Dhuli filed a writ petition before the high court challenging the denial.

The court said, “This Court notes that at best there are two persons, who are objecting to a meeting being held on a village ground. The village and its Market Committee obviously comprise more than two persons and definitely a much larger number. … A President of the Market Committee having once granted permission to hold a meeting on the Market Ground very mysteriously withdraws and objects to his own consent and/or permission. … The matter needs to be enquired into.”

The court further ordered addition of the president of the Market Committee as a party respondent and directed that he and the state file an opposition affidavit within two weeks.

The court directed, “The added respondent shall indicate in his affidavit under what circumstances he had granted the permission in the first place and as to why the permission has been objected to subsequently in a short span of time.”

Court further stated that the petitioner and his associates may conduct the meeting as proposed since all arrangements have been made, and that the police shall make any necessary arrangements prior to the order's formal communication.

“The gist of the order may be communicated by Mr. Md. Galib, advocate for the State, to the Officer-in-charge, Keshpur Police Station immediately”, said the court.

The bench listed the matter on May 10, 2023 for further consideration.

Case Title: Sandip Dhuli vs. The State of West Bengal & Ors.