The Calcutta High Court on Friday ruled in favor of permitting a protest march to the West Bengal state secretariat โNabannaโ scheduled for August 27, despite objections raised through a Public Interest Litigation (PIL). The march is organized in response to the horrific rape and murder of a woman doctor at RG Kar Medical College and Hospital.
A local lawyer and resident of Shibpur, near the secretariat, had filed the PIL, seeking to prevent the march in the surrounding areas of Nabanna without proper permissions. They argued that such an event could lead to disruptions without formal authorization to organize the protest.
However, a division bench comprising Justice Harish Tandon and Justice Hiranmay Bhattacharyya upheld the fundamental right to hold peaceful protests. The bench noted the brutal nature of the crime against the postgraduate trainee doctor on August 9, which “has shocked the conscience of the citizens.” This sentiment has spurred multiple peaceful protest rallies since the incident.
The bench referenced several Supreme Court judgements asserting that peaceful protest is a core fundamental right of every citizen. It also cited a recent Supreme Court order from August 20 in a suo motu petition related to the same incident, which advised the West Bengal government to observe restraint and allow peaceful protests.
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Advocate General Kishore Dutta, representing the state, argued that rallies within the highly sensitive zone near Nabanna should be restricted, citing security concerns. However, the court emphasized that the right to protest, although fundamental, can be subjected to reasonable state-imposed restrictions but did not find grounds to prohibit the planned march.
