Calcutta High Court To Police On CPI(M) Leader’s Plea: How Constitutional Right To Hold Peaceful Demonstration Can Be Curtailed?

The Calcutta High Court in the case Tushar Kanti Ghosh v. The State of West Bengal & Ors observed and has asked the West Bengal Police that why it refused permission to CPI(M) leader Tushar Kanti Ghosh for holding a peaceful demonstration in Bhangore area in the district of South 24 Parganas.
The Single judge bench headed by Justice Rajasekhar Mantha in the case observed and has directed the Inspector-in-charge of Bhangore Police Station to explain:
The court stated that the constitutional right to hold a peaceful demonstration by the petitioner, wherein it can be interfered with the order issued by the court under Section 144 of the Code of Criminal Procedure. Therefore, the current order and law situation will be revisited and will be reassessed.
It being the case of the petitioner that the petitioner wanted to hold a political rally peacefully in Bhangore area and in the jurisdiction of the Kolkata Leather Complex Police Station and Kashipur Police Station, Baruipur Police District.
The court observed that in view of the volatile clash which occurred between the members of three political parties i.e. the TMC, the ISF and the CPI(M), the Inspector-in-charge, Bhangore Police Station wherein the order has been issued by the court under Section 144 of the Code of Criminal Procedure due to which the petitioner was not being allowed to hold such rally.
The counsel, Senior Advocate, Bikash Ranjan Bhattachraya appearing for the petitioner submitted before the court that weather the Inspector-in-charge of Police Stations has been empowered to issue an order under Section 144 of the Code of Criminal Procedure by the State which is not being clear.
Further, it has also been contended by him that even after the order under Section 144 of the Code of Criminal Procedure had been passed, it has been allowed by the another political party for holding a rally on 08.02.2023.
It has also been noted by the court that it is being further appeared to the court from the report of the police that two FIRs being FIR No. 12 of 2023 dated January 23, 2023 and FIR No. 13 of 2023 dated 21.01.2023 which have also been registered in respect of certain incident against the members of one political party. As the police is being aware of the likely trouble makers and it needs to be explained as to why the situation cannot be remedied by suitable police deployment.
It has also been directed by the court that the Advocate General to represent the State and is to assist the two police stations in the matter.