Doctors’ Forum Gains Relief: Calcutta High Court Allows Sit-In Over RG Kar Tragedy
Authored By Kiran Raj
The Calcutta High Court, in the case of State of West Bengal & Ors. vs. Joint Platform of Doctors & Anr., adjudicated an appeal concerning the refusal by the state authorities to grant permission for a peaceful sit-in demonstration by the Joint Platform of Doctors. The demonstration was intended to raise awareness about safety and justice issues following a heinous incident at R.G. Kar Medical College and Hospital on August 9, 2024. The matter, registered as MAT 2345 of 2024 with connected applications, was presided over by a Division Bench comprising Hon'ble Justice Harish Tandon and Hon'ble Justice Hiranmay Bhattacharyya.
The Joint Platform of Doctors sought permission to hold a peaceful protest at Dorina Crossing, Esplanade, Kolkata. The application was denied by the police authorities citing potential congestion and inconvenience due to the Christmas and New Year festivities. The aggrieved doctors approached the writ court, which allowed the protest with specific safeguards, including restrictions on the number of participants and mandatory crowd control measures.
The State of West Bengal challenged the interim order, arguing that administrative discretion in maintaining law and order should not be substituted by judicial directives. Counsel for the State emphasized the principle of non-interference in administrative decisions unless they fail the test of reasonability. Citing precedents such as Union of India v. Modiluft Ltd. and State of U.P. v. Ram Sukhi Devi, the appellants contended that the Single Bench’s order exceeded judicial bounds.
The Division Bench addressed the core issue of balancing the fundamental right to peaceful assembly under Article 19(1)(b) of the Constitution with the necessity of maintaining public order. The Bench remarked, “The right to peaceful protest is integral to a vibrant democracy, but it must be harmonized with the rights of the public to free movement and safety.”
The Court scrutinized the video evidence and found no substantial disruption caused by the ongoing protest. It upheld the Single Bench’s interim relief but modified the participant limit from 200–250 to 100, as initially proposed by the petitioners. The Court further stated, “The judiciary must exercise restraint in administrative matters but cannot abdicate its role in upholding fundamental rights when administrative decisions appear arbitrary.”
Additionally, the Bench appreciated the steps taken by the police to ensure a peaceful protest while maintaining public order. It directed that such measures should continue until the protest’s conclusion on December 26, 2024. The appeal and related applications were disposed of with specific modifications to the interim order.
Case Title: State of West Bengal & Ors. vs. Joint Platform of Doctors & Anr.
Case Number: MAT 2345 of 2024 with CAN 1 of 2024
Bench: Justice Harish Tandon and Justice Hiranmay Bhattacharyya
[Read/Download order]
