MAYUKH BISWAS Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The sport activities are part of human life that not only brings joy and pleasure but inculcate a sense of discipline as well into a sportsperson. Any sporting activity or the game has a support from various persons who cheers its team as well as its members which is an integral part of any sporting activity. Cheering at times are done with spoken words and sometimes through written materials percolating the manifestation of their support for a particular team in the field of a sport. It is so acknowledged throughout the world provided it does not cause any inconvenience or encroach upon the right of supporters of the rival team. The word 'TIFO' is adopted globally, having Italian origin, to mean a flag, picture etc. held by the supporters of a team in a football match. It further inculcate good-humours of the supporter not only to boost the players of the team which they support but, at times bring enjoyment to the supporters during the match. Obviously, these activities are acclaimed as the sports activities of enjoyment and amusement but also inculcating a sense of discipline and, therefore, the supporters by using 'TIFO' are more responsive and used it for showing support to the team or its members to encourage them in order to achieve the desired result as expected by the said supporters. The crowd support happens at crucial moments viz taking a free kick, penalty shootout and encouragement from supporters brings better team cohesion and positive attitude.

(2.) The petitioner has approached the Court assailing the memo dtd. 26/8/2024 issued by the Joint Commissioner of Police (Headquarter), Bidhannagar, prohibiting the 'TIFO' or drums, smoke candles or other inflammable materials to be brought inside the stadium during the said match. The petitioner is conscious of the situation which may turn out to be otherwise and candidly admitted that so far as smoke candles and other inflammable materials are concerned, they have no objection to the same as the same should not be allowed to be carried inside the stadium during a match.

(3.) However, in course of hearing , Mr. Chatterjee, learned counsel appearing for the petitioner further submits that the drums or beating of the drums may at times cause noise pollution and, therefore, should not be carried inside the stadium but, the 'TIFO' which is a seminal part of the cheering activities and for boosting the morale of the team and its players, cannot be restricted as a prohibitory item.