LawChakra

“Proceed, But With Conditions” – Calcutta HC Allows Protest on ‘Atrocities on Sanatani Hindus’

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The Calcutta High Court has permitted a dharna protesting alleged atrocities on “West Bengal Sanatani Hindus,” stipulating compliance with state conditions to avoid traffic disruptions. The organizers, led by Sunil Harsh, aim for 3,000 participants, though the court expressed doubts about meeting this target. The ruling balances the right to protest with public order needs, pending formal order.

Kolkata: The Calcutta High Court on Thursday allowed the organisers of a dharna protesting alleged atrocities on “West Bengal Sanatani Hindus” to proceed with their programme on Friday. Justice Tirthankar Ghosh clarified that the organisers must adhere to the conditions suggested by the State if the protest is held on the road.

“I will pass the order in the morning. It will be uploaded, you proceed. I am not preventing you, process and proceed … but the address you have furnished and the location you are visualizing are two different places,”

remarked Justice Ghosh during the hearing.

The petition was filed by Sunil Harsh, President of Kamal Sangh Kolkata, which is organising the Pratiwad Sabha, to be presided over by BJP leader and Leader of Opposition Suvendu Adhikari. The plea alleged that authorities had failed to act on requests for permission for the gathering.

The State’s counsel stated that while there was no objection to the protest itself, it must not disrupt traffic. To avoid such issues, the State suggested that the protest should be conducted away from the road and within a specific timeframe.

The Court concurred, noting, “There must be a ground reality problem which must be appreciated.” Discussions between the State and the petitioner were held regarding the timing and conditions of the protest.

A disagreement arose over the number of participants allowed, with the petitioner aiming for 3,000 attendees. However, the Court observed that the organisers might not meet their target.

Justice Ghosh emphasized that clarity on the exact protest location was necessary, adding, “Tomorrow morning you come. You do it, I am not preventing…” The matter was adjourned for a formal order to be issued on Friday morning.

The ruling ensures that the protest can proceed while maintaining public order and minimizing inconvenience. The conditions laid out aim to strike a balance between the right to peaceful protest and the need to manage urban traffic effectively.

This decision reflects the Court’s effort to safeguard constitutional rights while addressing practical concerns arising from public demonstrations.

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