Calcutta High Court Allows Rally To Be Addressed By RSS Chief Mohan Bhagwat In Bengal

Post By 24law
February 15, 2025

Pranav B Prem

The Calcutta High Court has allowed a rally by the Rashtriya Swayamsevak Sangh (RSS) to be addressed by its Chief, Mohan Bhagwat, in Kolkata. The event was initially denied permission by the State authorities due to concerns over the ongoing Madhyamik examinations and the use of sound systems near educational institutions. However, the Court ruled that the rally could proceed with specific conditions to ensure minimal disruption.

Court's Observations and Ruling

Justice Amrita Sinha, while permitting the rally, noted that: "Admittedly, the Madhyamik Examination is ongoing. However, as the event has been scheduled on a Sunday which is a holiday and, that too, for only 1 hour and 15 minutes and, according to the instruction of the State respondents, the nearest school in the locality is nearly 500 meters away from the SAI complex, hence, there is no scope for causing any interference or disturbance to the examinees at the time of the examination."

The Court directed the petitioner to conduct the event in a manner that does not inconvenience students preparing for their exams. Justice Sinha further stated: "The petitioner should behave in a responsible manner and ensure that the sound is kept to the minimum level so as not to cause any difficulty or problem to any person whatsoever."

Background of the Case

The petition was filed by Shri Debasish Choudhury, the Zilla Karyavaha of the RSS, seeking permission for the event at the Sports Authority of India (SAI) Complex in Bardhaman on February 16, 2025. The Sports Authority of India had already granted permission for the gathering; however, the Department of Environment objected to the use of sound equipment. The petitioner argued that the rally would not involve loudspeakers but only sound boxes, which would be confined within the venue. It was also stated in the writ petition that the two nearest schools were approximately 1 and 2 kilometers away from the complex and that no examinations were scheduled for Sunday, thereby negating any potential interference with the ongoing Madhyamik exams.

State’s Opposition

The Advocate General opposed the application, submitting that the prohibitory order against the use of loudspeakers had been in place since 2022. The State maintained that such restrictions were necessary to ensure a disturbance-free examination environment, as per a prior High Court order prohibiting the use of public address systems near educational institutions during the examination period. It was argued that the petitioner should have scheduled the event outside the restricted period and that controlling sound levels during the event might be difficult.

Court’s Consideration and Final Order

After hearing both parties, the Court noted that while the Madhyamik examination was ongoing, the event’s timing and location minimized any potential disturbance. Consequently, the Court allowed the rally with the following directives:

The event must be conducted responsibly, ensuring no inconvenience to students preparing for their exams.

The organizers must ensure that sound levels remain at a minimal level to prevent any disturbance.

The petitioners must comply with all other legal formalities while organizing the event.

The Court disposed of the writ petition with instructions for all parties to act in accordance with the ruling.