VISHA HINDU PARISHAD Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) This is an application praying for direction upon the respondents to allow 'Ram Navami Shova Yatra' in its usual route in Kolkata on April 21, 2024.

(2.) Affidavit of service filed in Court is taken on record. Learned senior counsel appearing for the petitioner submits as follows. The petitioner is a registered religious society, which arranges and performs various religious activities and rituals for the masses. In order to celebrate "Ram Navami", the petitioner decided to take out a rally on April 21, 2024. Although "Ram Navami" was celebrated on April 17, 2024, there were important religious activities to be performed on that day. So, a decision was taken to take out a rally on the immediate following Sunday. About 800-1000 devotees would participate in the Shovayatra. The route will be from Garia More to Baghajatin to Sulekha to Jadavpur Police Station and after making an U turn towards Jadavpur Super Market and then the procession will end at 8B, Bus Stand. An application was made on April 15, 2024 by e-mail. A hard copy of the application was served upon the local police station in the morning of April 16, 2024. However, the police authorities rejected the petitioner's prayer to hold the shovayatra on April 21, 2024 and on April 16, 2024 at about 8.36 pm permitted the petitioner to hold a rally on the next day i.e., on April 17, 2024. It was too short a time to comply with a notice. The petitioner has been holding such rally since 2016. The petitioner undertakes that the rally would be held peacefully and without display of any arms.

(3.) Learned Advocate General representing the State submits as follows. The State has objection for the petitioner to hold the rally on April 21, 2024. First, that particular day has no religious significance. More importantly, there is dearth of police personnel because of the ensuing Lok Sabha elections. On April 21, 2024 certain examinations are to be held like UPSC and NDA examinations and some centres would be there on the said route. The examinations will be held till 5 pm. There is also a training programme for polling officers to be held in the morning. In the interest of justice, the petitioner ought to choose another day for holding such rally.