SANJAY KUMAR SHAW Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) Heard on admission. The principle relief claimed in this petition is for issuance of a writ of prohibition prohibiting the respondents from allowing /permitting any protest/rally/demonstration to be organized in the name of "Nabanna Abhijan" or any other name whatsoever in the surrounding places of "Nabanna". In addition, it is prayed that writ of mandamus be issued to the Government for framing proper guidelines for ensuring public peace, safety and convenience during such protest.

(2.) Learned Counsel for the petitioner submits that because of RG Kar incident, a rally took place last year near "Nabanna" which created chaos and untoward incidents had taken place. The area is densely populated. In introducing the present protest, no one has taken responsibility. Thus, if any untoward incident takes place, it will be difficult to fix responsibility on anyone. The protest is being projected in social media in the name of "Parents of RG Kar Student victim". Thus, such protest be prohibited by issuing ad interim order.

(3.) Learned Advocate General Mr. Kishore Dutta argued almost in the same tune and urged that on last occasion when protest took an ugly shape, about 47 police personals were injured and one lost his eyes. The Government properties were destroyed and in this backdrop, it is better if the protest takes place on an alternative place decided as per policy dtd. 31/7/2025. The places are at 1. Mandirtala Bus Station, 2. Howrah Maidan and 3. Under Bankim Setu Flyover, where 200, 500 and 500 persons respectively can assemble for protest.