Calcutta High Court (Appellete Side)
State Of West Bengal & Ors vs Durbar Mahila Samanwaya Committee & Ors on 26 September, 2013
Author: Ashim Kumar Banerjee
Bench: Ashim Kumar Banerjee
1
IN THE HIGH COURT AT CALCUTTA
Constitutional Writ Jurisdiction
Appellate Side
Present :
The Hon'ble Justice Ashim Kumar Banerjee
And
The Hon'ble Justice Dr. Mrinal Kanti Chaudhuri
M.A.T. 1493 of 2013
Re.: C.A.N. 9931 of 2013
With
W.P. 27712 (W) of 2013
With
W.P. 29962 (W) of 2013
State of West Bengal & Ors.
-Versus-
Durbar Mahila Samanwaya Committee & Ors.
For the Appellant :- Mr. Asoke Kumar Banerjee,
State Senior Advocate
Mr. Yamin Ali
Mr. Suman Sengupta
For Writ Petitioners / :- Mr. Arunava Ghosh
Respondent Mr. Anindya Lahiri
Ms. Pousali Banerjee Mr. Sambuddha Dutta Mr. Sourav Mondal Judgment on :- September 26, 2013 We may love them, we may hate them. How can we ignore them when we use them the most. Article 21 of the Constitution of India has guaranteed to every citizen to have a decent living. Article 25 of the Constitution would, inter alia, grant freedom to the citizen of our country to perform religious rites. Mr. Arunava Ghosh, learned Counsel appearing for the petitioners, also draws our attention to Article 25 of the Constitution, where freedom is guaranteed to profess, practice and propagate religion.
2The writ petitioners/respondents have come up as against the order of refusal, rather in-action on the part of the State Administration, in allowing them to perform Durga Puja, the annual festival of our State, on the busy thoroughfare. The Administration would contend, as a policy decision the State is not granting any new permission to any Public Puja Committee. Such policy was upheld by at least two Division Benches dated September 16, 2011 passed in the matter of W.P 15172 (W) of 2011 and order dated September 01, 2006 passed in the matter of W.P. 21481 (W) of 2004.
The problem before us is, however, somewhat different. Here, the association claiming to have permission to perform Durga Puja, would have members of marginalized society, being engaged in the oldest trade in human civilization. They, however, did not feel shy to call themselves as sex-workers. They would complain, they are outcast, they are not allowed to have free access to any Public Puja Pandal, offering puja to the Goddess, hence they would intend to perform puja of their own. We have interacted with the Police Officials involved in the process yesterday and today. They have sound logic to deny permission. They would contend, they are duty bound to follow the policy decision that was upheld by two Division Benches referred to above. Moreover, the place where the petitioners are seeking permission, is not only a public thoroughfare but also a densely populated area. Moreover, there were fractions, who also applied for similar permissions. If one is given permission that would discriminate the others.
Mr. Ghosh appearing for the writ petitioners would, however, strenuously dispute such contention. According to him, the other rival contenders are nothing but creation of the people, who are bent upon to stall the process.
3If we look to the claim of the petitioners little deeper, we would find, they would be ventilating their right guaranteed under the Constitution. They would be rather asking for their recognition. This is a debatable issue. It would be for the legislature to give a thought over it. We do not express any opinion. At the same time we cannot ignore the objection raised by the Administration.
We live in a densely populated State. The situation in our capital is worse having thick population, being multi national, multi religion and multi linguistic. We do not refuse anyone, whoever comes to the city.
The Durga Puja is considered to be the annual festival of the State. Everyone, irrespective of caste and creed and irrespective of financial status, would have the right to enjoy the fruits of the festival. We wonder, how effectively the administration, particularly the police administration, would manage the situation. They manage the crowd, they maintain the law and order, hence their caution cannot be ignored.
Mr. Asoke Kumar Banerjee, learned Government Pleader, has assured this Court, the Government would definitely give serious thought over it and would try to ameliorate the grievance of the writ petitioners in the near future.
We, however, feel, as and by way of workable arrangement, particularly keeping in mind the right of the members of the writ petitioners and members of that marginalised society at large working in the said area, to perform Durga Puja of their own, we intend to form a committee.
Mr. Ghosh, on instruction, offers the office room of the writ petitioners where Durga Puja was being performed in earlier years.
4Considering the fact that the population in that particular area involved in the trade, would be 36,000, we would request the administration to permit them to cover 8 feet footpath and road together taken form the outer wall of the premises. It would be a makeshift pandal of 15 feet by 8 feet that would be used as the waiting hall for the visitors/participants who would be coming to offer puja and enjoy the festival.
We make it clear, the applications that were rejected, should also be considered in the sense, the Committee would bring them in one fold and would also allow them to participate in the puja. One representative each from the applicants including the petitioner No. 1, would be taken in the Committee. The Committee would be headed by three advocates of this Court, namely, Ms. Chandrayee Alam, Ms. Debjani Sengupta, and Ms. Sushmita Saha, who will act jointly and/or severally.
We are told, Ms. Chandrayee Alam, learned advocate, is out of the city at the moment. We request Mr. Ghosh to inform her.
Ms. Sengupta is present in Court. She has kindly agreed to take the burden, particularly by changing her tour schedule during Puja Holidays. We would similarly request Ms. Saha to extend her cooperation.
The Officer-in-Charge, Burtalla Police Station, would render all necessary assistance to the Special Officers so that they could hold the meeting at the earliest with all the unsuccessful applicants as well as representative of the petitioners so that they could fix the modalities for performing the Puja.
We make it clear, since Puja would be held in a covered room, the circular that is prevalent would possibly not be applicable.
5We also make it clear, this arrangement would be for this year only. We leave it to the State to find out a better management next time.
We do not express any opinion on the merits of the challenge to the said circular made herein.
In view of this workable arrangement, we feel, there would be no further need to keep these two writ petitions, being W.P. 27712 (W) of 2013 and W.P. 29962 (W) of 2013, pending before us, including the appeal.
We dispose of all the pending litigations. We hope and trust, the members of the petitioners and the members of the concerned trade at large would have a happy Durga Puja and they would enjoy the festival with all flying colours.
Before we part with, we would be failing in our duty if we do not acknowledge the contribution of the learned advocates and the police officers in assisting us, particularly, Mr. Asoke Kumar Banerjee, learned Government Pleader along with his Juniors, Mr. Arunava Ghosh along with Mr. Anindya Lahiri and their Juniors. We would also appreciate the immense assistance given to us by the concerned Police Officers, Mr. Amalesh Kumar Das and Mr. Sunanda Dutta Chowdhury.
At the end, we request the media personnel present in Court to report only what has actually transpired in Court and not to bring something, which is not correct.
Urgent photostat certified copy of this order, if applied for, be given to the parties, on priority basis.
6( Banerjee, J.) ( Dr. Mrinal Kanti Chaudhuri , J.) akb.