CHANDAN KAITY Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) With the consent of the appearing parties, the connected applications being WPA 23782 of 2023, WPA 23784 of 2023 and WPA 23818 of 2023 are taken up for hearing together. These are applications under Article 226 of the Constitution of India praying for directions upon the respondent authorities to enable them to go ahead with the Jagran Yatra through the State of West Bengal and to give effect their representations dtd. 23/9/2023.

(2.) Supplementary affidavit filed on behalf of the petitioner is taken on record. Copy of the same has been handed over to the learned counsel for the State.

(3.) Mr. Edulji, learned counsel appearing on behalf of the petitioner, submits as follows. The Vishva Hindu Parishad (VHP, for short) and the Bajarang Dal are organizing a nation-wide rally namely, 'Shourya Jagran Yatra' to spread awareness about various issues relating to Hinduism. The Yatra also intends to honour the freedom fighters who had laid down their lives for the country. The Yatra will pass through various sites which are of religious and historical importance. The Yatra now intends to pass through West Bengal between 5/10/2023 to 8/10/2023. A maximum number of 200 members of the VHP and the Bajrang Dal intend to participate in the Yatra at a particular point per procession/route. Only three(3) Tata-407 tracks and about 20 motorbikes will ply in the same, per procession. The Yatra will be a peaceful march. No arms or weapons will be carried by anyone. The only objective of the Yatra is to enlighten the people of West Bengal about the sacrifices made by the freedom fighters that paved the way for an independent Bharat. When the Yatra passes from one district to another, out of 200 participants only 15 will go through. Rest of the 200 participants will come from the following District itself. This way, at no point of time the participants in the Yatra would exceed a total of 200 per procession. When all the processions converge at the Rani Rasmoni Road, there could be gathering of no more than 2000 participants. By an order dtd. 29/9/2023 passed by a Co-ordinate Bench of this Court in WPA 2382 of 2023, the organizations have been allowed to carry out such Yatras in the four Districts of North Bengal. As far as possible, the petitioner shall videograph the passage of the rally. Mr. Mukherjee, learned Advocate General representing the State submits as follows. The respondent police authorities had flagged their concerns in their earlier communication. If such Yatra is allowed to take place, the participants have to abide by all norms relating to a peaceful procession like no chanting of provocative slogans, abiding by sound limits regarding use of loudspeaker and the like. Registration numbers of vehicles to be used should be communicated in advance to the respondent authorities along with the names of persons responsible for carrying out each of such procession. After going through the route that the petitioner had charted out in the supplementary affidavit, one small change was suggested in respect of the route at Howrah. In fact, after discussion held between the organizers and the men of the respondent authorities, they have agreed to organize the Yatra in the route via Andul Road i.e., Betaitala-Hangsang Crossing-Kali Bazar- Mullick Fatak-Howrah Maidan instead of the existing route proposed by the petitioner in this regard. The night halts of the participants would take have also to be intimated. The police authorities shall make adequate arrangements so that the procession can pass peacefully through the areas. I have heard the submissions of the learned counsels for the parties and have perused the writ petition and the supplementary affidavit filed.