Calcutta High Court (Appellete Side)
In Re: Nirmal Roy vs The State Of West Bengal & Ors on 9 February, 2017
Author: Nishita Mhatre
Bench: Nishita Mhatre
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09.02.17
Unlisted
Item No.01
Ct.No.01
Krishnendu
A.S.T. No. 23 of 2017
With
A.S.T.A. No. 5 of 2017
In re: Nirmal Roy
- Vs -
The State of West Bengal & Ors.
Mr. Saptangsu Basu
Ms.Debamitra Bhardwaj
Mr. Lokenath Chatterjee
Ms. Sumitra Das
For the Appellant/Petitioner
Mr. Kishore Datta
Mr. AbhratoshMajumder
Mr. T.M. Siddiqui
Mr. Soumitra Mukherjee
For the State
In view of the urgency pleaded, the appeal is taken up for consideration treating the same as on
day's list.
The appeal is directed against an order dated 8th February, 2017 passed by the learned Single
Judge in a writ petition, being W.P. 2956 (W) of 2017. The writ petition was filed by a person, claiming to
be the President of the Greater Cooch Behar People's Association (hereinafter referred to as the
"Association"). He has contended in the petition that permission was sought from the police to celebrate
the 507th birth day anniversary of Vir Surya Biswa Mahavir Chila Ray (Sukladhwaj) on Maghi Purnima , i.e.
on 9th and 10th February, 2017. This function is to be held at Baragila, Chakchaka, Cooch Behar Block-II.
According to him, Vir Surya Viswa Mahavir Chila Ray is an idol for many persons of Cooch Behar and parts
of Assam and, therefore, he and his Organization desired to organize a "colourful cultural programme of
the ethnic bonafide Rajbanshi people of Cooch Behar".
The application for permission to hold this function was submitted by the General Secretary of
the Association on 25th January, 2017 to the Superintendent of Police, Cooch Behar . There was no
communication from the police authorities with respect to their decision. It is in these circumstances that
the petitioner/appellant filed the writ petition on 6th January, 2017 seeking a writ of mandamus
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commanding the respondents, including the police authorities, to permit the Association and the
petitioner to organize the function on 9th and 10th February, 2017. The petitioner has disclosed in his writ petition that in the past, permission was granted to this Association for holding the birth anniversary celebrations of Vir Surya Viswa Mahavir Chila Ray. In fact, the last permission was granted on 21st February, 2016 with certain conditions.
On 3rd February, 2017 the District Magistrate, Cooch Behar requested the Sub Divisional Officer, Sadar, Cooch Behar, to look into the matter as the application was pending for some time. On 7th February, 2017 a fax message was sent to the Secretary, District Committee of the Association, at 3-22 p.m. by the Inspector in Charge of Kotwali P.S. indicating that the "No Objection Certificates" of the Public Works Department and Electricity Department should be furnished to him to enable him to consider whether a gathering of 35000 people should be permitted. There was no other objection raised at that point of time by the police. However, on the same day, i.e. 7th February, 2017, an order was passed by the respondent no.4 denying the permission. This was on the ground that the Kotwali P.S. had raised serious objections for issuing the permission.
Surprisingly, it appears that the reasons for the objections raised were not informed to the petitioner/appellant herein or the Association.
The petitioner/appellant contends that the function is to be organized on the private lands and that the landowners had consented to the function being held. They have annexed to the petition the "No Objection Certificate" from the concerned landowners to hold the programme on their lands. The map showing the exact location of the lands, which will be used for the function, has also been annexed to the petition. The map indicates that the lands at L.R.Dag Nos. 1054, 1047 and 1046 would be used for the function.
Strong objection has been taken by the State for organizing such a programme on the basis of what they claim is an intelligence report, which has been mentioned in the communication from the Inspector in Charge of Kotwali P.S. to the Sub Divisional Officer, Cooch Behar. It appears from that report, which is produced before us, that in the past a tremendous traffic jam had been caused because of the movement of several thousands of people which caused a disturbance to the normal means of transport and communication in the area.
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However, from the report, it is apparent that permission was granted in the earlier years. Mr. Kishore Datta, the learned Counsel appearing for the State, informs the Court that there could be fire hazards if an event of this dimension is permitted. He points out that the Officer-in-Charge of Cooch Behar Fire Brigade has informed the Sub Divisional Officer, Cooch Behar that the approach road to the venue is not fit for smooth movement of the fire service vehicles and that there is no water source near the venue.
Mr. Datta urges that 35,000 people gathering at one venue for two days would be difficult to control. He submits that the police force would be under tremendous pressure while providing for their safety and security. He further submits that the event is not going to be a purely cultural event but would be a political rally.
Mr. Basu, the learned counsel appearing for the appellant/petitioner, who is present in Court, states that no cooking would be undertaken at the venue and the persons attending the function will be provided food packets. He further states on instructions from the petitioner/appellant that there will be no permanent structures erected on the lands, which are to be used for the function, and in any event, the temporary structures would be removed immediately after the function is over. He further submits that there is a tube well dug on one of the lands and therefore there would be no shortage of water. On instructions he submits that the cultural events will continue only till sunset on 10th and 11th February, 2017.
Considering the submissions of the learned counsel for the parties, we think the following orders would be appropriate in the facts and circumstances of the case.
(i) the petitioner/appellant or his Association shall deposit an amount of `5,00,000/- (Rupees Five lacs) to be paid either by demand draft or through electronic transfer to the Sub Divisional Officer, Cooch Behar, the respondent no.4 herein. The bank details will be provided to the respondent no.4 by this evening.
(ii) Because of the shortage of time today, for ensuring the deposit of `5,00,000/-, we direct the petitioner to deposit a cheque with the 4 S.D.O., Cooch Behar of the aforesaid amount by 6 p.m. today. The cheque will be returned to the petitioner/appellant after he transfers the aforesaid amount of `5,00,000/- to the account of the S.D.O., Cooch Behar through electronic transfer by 12 noon tomorrow (10.02.2017).
(iii) The respondent no.4 is directed to ensure that requisite number of fire engines are located in the venue before commencement of the function.
(iv) There shall be no cooking at the venue.
(v) The S.D.O. Cooch Behar shall direct the West Bengal State Electricity Distribution
Company Ltd. to provide a temporary service connection at the venue for 10th and 11th February, 2017.
(vi) The respondent nos. 2, 3, 4 and 5 will ensure that there is sufficient police protection available at the venue.
(vii) The petitioner and his Association will ensure that there is no noise pollution and all the statutory norms and conditions as prescribed in the law and rules shall be followed;
(viii) The programme shall be organized only within the limit of the land mentioned in the aforesaid L.R. Dag Nos;
(ix) Peace and tranquility shall be maintained;
(x) All necessary arrangements for safe and peaceful celebrations shall be made by the
organizers.
The undertaking of the petitioner/ appellant, who is the President of the Association, submitted through his counsel, is accepted that there will be no cooking at the venue and all the temporary structures will be removed within twenty-four hours after the programme. The police shall grant permission to the petitioner and/or his Association to celebrate the aforesaid function subject to the conditions stated above.
List the appeal and the connected application on 16th February, 2017. 5 Photostat certified copy of this order, if applied for, be given to the learned advocates for the parties upon compliance of all necessary formalities.
(Nishita Mhatre, A.C.J.) (Tapabrata Chakraborty, J.)