Calcutta High Court (Appellete Side)
Maisamunda Bhai Bhai Sangha & Anr vs The State Of West Bengal & Ors on 2 April, 2019
Author: Debangsu Basak
Bench: Debangsu Basak
1 Sl. No.79.
2‐04‐2019 S.D. W.P. 6993 (W) of 2019 Maisamunda Bhai Bhai Sangha & Anr.
vs. The State of West Bengal & Ors.
Mr. Soumen Dutta Mr. Sabyasachi Bhttacharjee ...For the petitioners.
Mr. Amitesh Banerjee, Ld. Sr. St. Counsel, Mr. S. Adak ...For the State.
The petitioners complain that, the police are not permitting the petitioners to take out an immersion procession in the route that, the petitioners followed for sometime to come.
Learned Advocate appearing on behalf of the petitioners refers to a newspaper report of a local vernacular newspaper dated March 13, 2012 and submits that, the petitioners immersed the idol after taking it around the town of Contai. He submits that, the petitioners should be allowed to follow the same route.
Learned Senior Standing Counsel appearing on behalf of the State submits that, the petitioners did not immerse the idol following such route in the previous years.
2Be that as it may, it appears that, the route that the petitioners intends to take is for a length of about 3 kms. It would be appropriate to permit the petitioners to take out the immersion procession, in accordance with law, for a length not exceeding 3 kms. from the place where the idol is situated till the place where the immersion of the idol will take place. In doing so, the police will ensure that, no untoward incident takes place during the immersion procession. The police will also ensure that, no loud speaker or microphone is used exceeding the prescribed decibel in the immersion procession. The petitioners will ensure that, they take no measure, which is likely to cause any breach of peace or any disturbance in or around area through which the procession will pass. The police authorities are at liberty to take appropriate measures in the event they apprehend any breach of peace during immersion procession.
In such circumstances, it would be appropriate to request the police authorities to grant due permission to the petitioners to take out the procession for immersion. It is expected that, such permission is granted as expeditiously as possible and preferably within two days from date.
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This order will not be treated as a precedent for the ensuing years.
W.P. 6993 (W) of 2019 is disposed of without any order as to costs.
Urgent photostat certified copies of this order, if applied for, be made available to the parties upon compliance of the formalities.
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