One Incident Can’t Be Relevant As A Precedent For Not Allowing A Political Party Every Following Year: Calcutta HC Permits ISF To Hold 5th Inauguration Day At Shahid Minar Maidan

The Kolkata Police had initially refused to grant permission for the event citing prior incidents of violence during the political party's events. The Court stated that “one incident cannot be relevant as a precedent for the political party concerned for not allowing them in each and every year.”

A Single Bench of Justice Tirthankar Ghosh held, “Having considered the periphery of Article 19 of the Constitution of India and the history of political parties prevailing in the State, one incident cannot be relevant as a precedent for the political party concerned for not allowing them in each and every year. To that extent, it may be stated that the programme which was conducted in the year 2024 was a litmus test and, to that extent, the petitioners have conducted themselves in a manner which is not detriment to the society. However, Article 19 of the Constitution is never an unilateral right enjoyed by a citizen and is subjected to reasonable restrictions.”

Advocate Firdous Shamim represented the Petitioners, while Advocate General Kishor Datta appeared for the State.

Brief Facts

The ISF, a registered political party, approached the Court after the Joint Commissioner of Police (HQ), Kolkata Police, denied them permission to hold the event. The refusal was based on violent incidents that occurred after their program at Rani Rasmoni Avenue on January 21, 2023. During that event, supporters allegedly clashed with police, blocked roads, and caused damage to public and private property.

The Police also stated that there were logistical challenges due to an international cricket match scheduled at Eden Gardens on January 22, 2025, which necessitated barricading nearby areas for parking and crowd movement. The police offered the ISF an alternative venue—any indoor location for their event.

Court’s Reasoning

The Court noted, “The petitioner is a political party registered under the relevant provisions of the Act and, as such, they are entitled to reach the people. Thus, the indoor venue may not be commensurate with an organization, particularly a political party and the purpose for which they have been espousing their cause.”

“Taking into account the date and time when this writ petition is being considered, I grant liberty to the petitioners for an assembly of three thousand persons to be held at Shahid Minar Maidan, Kolkata from 12.00 pm to 4.30 p.m. on 21.01.2025, who are to follow the route prescribed by the police authorities,” the Court ordered.

Court’s Directions

The following conditions are being imposed upon the assembly/meeting proposed to be held at the aforesaid venue and time which are as follows:

• Let the petitioners and their associates hold a peaceful assembly/meeting with not more than 3000 individuals on 21st January, 2025.
• The petitioners shall abide by all the conditions for holding such peaceful assembly/meeting and shall not cause any undue obstruction to public at large.
• The police authorities shall make necessary arrangements for security with good number of personnel so as to ensure that no breach of peace takes place.
• The police arrangements would be made under the supervision of the Officer-in-Charge of the concerned police station or any other superior officer as the State deems fit and proper.
• Assembly/meeting shall be held subject to observance of rules in relation to noise pollution and without causing any inconvenience to the public at large.
• It is further directed that if any car parking is to be created, that would be within the area wherein permission has been granted by the Military Authorities. More than 30 cars are not to be parked within the said area.

Consequently, the Court directed the political party to “ensure its members, supporters, attending participants to conduct themselves in such a manner as they are responsible citizens and answerable to the citizens of the State for their act and actions.”

Accordingly, the High Court allowed the Petition.

Cause Title: All India Secular Front (ISF) & Anr. v. The State of West Bengal & Ors. (W.P.A. No. 1390 of 2025)

Appearance:

Petitioners: Advocates Firdous Shamim, Gopa Biswas, Sampriti Saha. Swati Dey and Rishabh Ahmed Khan

Respondents: Advocate General Kishor Datta; AGP Swapan Banerjee; Advocates Sumita Shaw, Diptendu Narayan Banerjee, Soumen Chatterjee and Tirupati Mukherjee

Click here to read/download the Judgment