SWAPAN MANNA Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) This is an application under Article 226 of the Constitution of India praying for a direction upon the respondent-authorities to permit the petitioner to hold a meeting on August 9, 2023 at Pingbone Nabkung Ground (Math), Goaltore police station, Paschim Medinipur. Affidavit of service filed in court be taken on record. Copies of orders dated March 13, 2023, May 8, 2023 and May 19, 2023 passed by a coordinate Bench of this court in WPA No.5959 of 2023, 11360 of 2023 and WPA No.12664 of 2023, as filed in court on behalf of the petitioner, are taken on record. Copies are handed over to the learned Government Pleader appearing for the State.

(2.) Learned counsel for the petitioner submits as follows. The petitioner is a functionary of the Bharatiya Janata Party, which intends to hold a rally to commemorate the World Tribal Day. Earlier an application was made for holding such rally at Goaltore College ground (math). This was intimated to the respondents. However, the principal of the college withdrew the permission. This prompted the petitioner to choose Pingboni Nabakung Ground (Math), a privately owned ground, for conducting the said meeting. Necessary permissions were taken from the owners. In the proposed meeting of the petitioner, there will be a gathering of about 2000 men. An application was made before the inspector-in-charge of the local police station and the Superintendent of Police praying for permission to hold the meeting at the same ground on August 6, 2023. Till date there has been no response from the respondent-authorities in this regard. After leave was obtained for moving the writ petition and after notice was served upon the State, the petitioner received an intimation from the IC, Goaltore police station dated August 7, 2023 that the resposndents were refusing to grant the petitioner permission to hold the meeting at Pingboni Nabakung Ground. Because, on the prayer of one Bhaskar Chakraborty dated August 3, 2023, permission was granted to hold a procession and a meeting at Pingboni Hattola adjacent ground. Considering the prevailing sensitivity in the area, the permission was denied. This is only a colourable exercise to somehow prevent the petitioner from holding the meeting. This is not the first time that this was attempted. On several occasions, the petitioner had move this court and obtain orders for holding meetings and rallies. Reliance is placed on orders passed on March 13, 2023, May 8, 2023 and May 19, 2023 by a coordinate Bench of this court in WPA No.5959 of 2023, 11360 of 2023 and WPA No.12664 of 2023, respectively.

(3.) Learned Government Pleader representing the State submits as follows. It was essentially a problem of the petitioner that the earlier permission granted by the principal of the college was later withdrawn by him. Even before the present petitioner could apply for holding a meeting at the present venue, the said Bhaskar Chakraborty had applied for holding the meeting, on behalf of TMC at a nearby place to commemorate the same World Tribal Day. Such permission was granted and such meeting is to be held on August 9, 2023 from 10 a.m. till 7 p.m. The two venues are only about 500 metres apart. Considering the tension that is prevailing in the area, it would not be proper to allow the petitioner to hold the said meeting at the said venue. That is why, the permission was denied. The decisions cited on behalf of the petitioner are not binding of this court, since they are based on different facts. In fact, such a case has not come out in the present facts. There will be a gathering of about 5000 men in the other proposed rally.