Calcutta High Court (Appellete Side)
Kamaluddin Mullick vs The State Of West Bengal And Others on 12 December, 2019
Author: Arindam Sinha
Bench: Arindam Sinha
1 S/l.
66. Bpg December 12, 2019 In the High Court at Calcutta Constitutional Writ Jurisdiction Appellate Side W.P. No.22869(W) of 2019 Kamaluddin Mullick Versus The State of West Bengal and others Mr. Sudipta Kumar Bose, Mr. Jagannath Ganguly.
...for petitioner.
Mr. Subhabrata Datta, Mr. Sanatan Panja.
...for State.
Petitioner says he is representing aggrieved mass of people of Dompukur Village under Chapra Police Station in Nadia. Dompukur Gramin Mela is scheduled to take place from today till 15th December, 2019. The petition was filed on 9th December, 2019 and priority was sought to move on urgent basis.
Mr. Bose, learned advocate, appears on behalf of petitioner and submits, there are good grounds for prayers made in the writ petition. Dance program, held in the mela, consists obscene acts 2 and songs. Villagers have signed mass petitions and therefore there be interfered by Court. He relies on sections 268 and 294 of Indian Penal Code, 1860. Petitioner apprehends breach of the peace. Mr. Datta, learned advocate, appears on behalf of State and hands up his instruction, which includes copy of memo dated 4th December, 2019 being grant of the permission. 13 conditions for the grant have been stated in the memo. There is no specific mention of permission to organize dance or barring it. He submits further, this mela was held in previous years but petitioner has come at the eleventh hour.
On Court's query to both petitioner and State regarding whether there is any meaning or definition given to 'mela' in any Act or rules or Government document by way of memo or notification or order, nothing could be shown to Court.
Section 268 provides the ingredients for convicting a person as guilty of public nuisance. Section 294 is a punishment provision, for obscene acts or songs committed or performed. In the two provisions Court does not find basis for issuing preventive orders. Petitioner's apprehension on deterioration of law and order instigated by dance performance stands addressed by the permission, issued on terms and conditions to maintain peace and tranquility in the locality.
3
State is on notice of the grievance. In event there is any apprehension of breach of the peace and tranquility in the locality, the Administration must act.
Instructions of Mr. Datta are handed back. The writ petition is disposed of as above.
(Arindam Sinha, J. )