The Calcutta High Court has declined to prohibit a march to the West Bengal state secretariat, ‘Nabanna,’ scheduled for August 27 to protest the rape and murder of a woman doctor at RG Kar Medical College and Hospital.
The court upheld that the fundamental right to hold a peaceful protest cannot be curtailed.
A lawyer and resident of Shibpur, located near Nabanna, had filed a PIL before the high court, seeking to prohibit the march in the surrounding areas, arguing that it should not be allowed without proper permission. However, a division bench, led by Justice Harish Tandon, permitted the march by a section of civil society, noting that the heinous rape-murder of the postgraduate trainee doctor had shocked the conscience of the public, leading to peaceful protests across various quarters since the incident on August 9.
The bench highlighted several Supreme Court judgments affirming that the right to peaceful protest is a core fundamental right of every citizen. It also referenced a Supreme Court order from August 20 in a suo motu petition, which directed the West Bengal government to exercise necessary restraint regarding peaceful protests by any civil society group concerning the incident at RG Kar Medical College and Hospital.
“In light of the Apex Court’s order, we do not believe that any prohibitory order, as sought by the petitioner, can be granted,” the bench remarked.
Appearing for the state, Advocate General Kishore Dutta argued that while the right to hold rallies or marches is a fundamental right, it is subject to reasonable restrictions imposed by the state, especially in highly sensitive zones.
