Priyanka Adhikary vs The State Of West Bengal & Ors.

SAUGATA BHATTACHARYYA, J.:

Affidavits-of-service filed on behalf of petitioners in both the writ petitions are taken on record.

Two writ petitions, one being WPA 21728 of 2026 (Priyanka Adhikary vs. The State of West Bengal and Others) and another being WPA 22205 of 2026 (Sudip Raha vs. The State of West Bengal and Others) are heard analogously in presence of learned advocates representing parties. Petitioner in WPA 22205 of 2026 has filed an application being CAN 1 of 2026 in WPA 21728 of 2026 seeking impleadment.

In both the writ petitions, prayers are couched seeking direction upon concerned police authorities to permit two factions of West Bengal Trinamool Chhatra Parishad (hereinafter referred to as “WBTMCP”) to convene programme on foundation day of West Bengal Trinamool Chhatra Parishad, that is, 28^th August, 2026. Petitioners in both the writ petitions have prayed for identical venue, that is, Mayo Road near Gandhi Statue for organizing programme to mark foundation day of WBTMCP.

In writ petition WPA 21728 of 2026 petitioner made an application vide e-mail letter dated 27^th July, 2026 to Joint Commissioner of Police (HQ), Kolkata seeking nod which would enable petitioner’s organization to convene programme on Mayo Road near Gandhi Statue on 28^th August, 2026. In addition thereto, an application in prescribed pro-forma was also filed on the same date by petitioner in WPA 21728 of 2026 seeking permission to hold said programme. In response to petitioner’s application in WPA 21728 of 2026, vide e-mail letter dated 18^th August, 2026, Joint Commissioner of Police (HQ), Kolkata refused to grant permission to petitioner’s organization to convene programme on 28^th August, 2026 on Mayo Road near Gandhi Statue, rather petitioner’s organization was insisted upon to hold programme at a suitable indoor venue.

Petitioner in WPA 22205 of 2026 initially made similar application on 1^st August, 2026 before the Joint Commissioner of Police (HQ), Kolkata seeking permission to hold programme on 28^th August, 2026 to mark foundation day of WBTMCP on Mayo Road near Gandhi Statue. Application was also made in prescribed pro-forma by petitioner in WPA 22205 of 2026 and in response thereto Joint Commissioner of Police (HQ) vide e-mail letter dated 18^th August, 2026 forwarded similar intimation as it was sent to petitioner in WPA 21728 of 2026 thereby insisting upon petitioner to hold programme at an indoor venue.

In reference to two separate e-mail letters dated 18^th August, 2026 issued from the end of Joint Commissioner of Police (HQ) to both the petitioners in aforesaid two writ petitions, today it is submitted on behalf of petitioners that both factions of WBTMCP are praying for direction upon the concerned police authority thereby permitting them to hold programme at identical venue, that is, Mayo Road near Gandhi Statue.

Mr. Surojit Nath Mitra, learned Advocate General has opposed both the writ petitions based on two separate communications made to both the petitioners vide e-mail letters dated 18^th August, 2026 and it is contended that there are no plausible reasons for not convening programme separately at two indoor venues as suggested on behalf of concerned police authority. Submission is made not to interfere with e-mail letters of Joint Commissioner of Police (HQ) dated 18^th August, 2026 and to direct both the petitioners to hold programme at indoor venues.

During course of hearing, copy of the judgment dated 15^th July, 2026 passed by this Court on a writ petition being WPA 16310 of 2026 (Derek O Brien vs. The State of West Bengal & Ors.) is placed before this Court and same is taken on record.

It appears that vide said judgment dated 15^th July, 2026 this Court permitted one faction of All India Trinamool Congress (for short, “AITC”) to hold programme on 21^st July, 2026 to observe “Shahid Diwas” on one flank of Cathedral Road. Another faction of AITC, as it is apprised, was also permitted to observe “Shahid Diwas” on 21^st July, 2026 on Mayo Road near Gandhi Statue.

Since previously on 21^st July, 2026 both factions of AITC were permitted to observe “Shahid Diwas” by convening programmes not at indoor venues but at different locations in Kolkata, Court finds there is no impediment in permitting both the petitioners to organize programme on 28^th August, 2026 at two different locations.

Taking cue from cases made out by petitioners in aforesaid two writ petitions, during course of hearing Court proposed both the petitioners to jointly organize programme on Mayo Road near Gandhi Statue on 28^th August, 2026 but petitioners are not agreeable. It is submitted on behalf of petitioners that they will not be able to organize programme jointly to mark foundation day of WBTMCP on 28^th August, 2026.

In view of such submissions made on behalf of respective petitioners, Court finds it will not be apt to permit any of the factions of WBTMCP to convene programme on Mayo Road near Gandhi Statue taking note of fact that in previous years single programmes were organized at Mayo Road near Gandhi Statue.

As this Court vide judgment dated 15^th July, 2026 permitted petitioner’s organization in WPA 16310 of 2026 to convene programme on 21^st July, 2026 on one flank of Cathedral Road, petitioner’s organization in respect of WPA 21728 of 2026 shall be permitted to hold programme on one flank of Cathedral Road on 28^th August, 2026 to mark foundation day of WBTMCP.

Since this Court has already decided not to permit any faction of WBTMCP to hold programme on Mayo Road near Gandhi Statue, organization of petitioner in WPA 22205 of 2026 shall be permitted to hold programme on one flank of Rani Rashmoni Avenue.

Both factions of WBTMCP shall convene programme on 28^th August, 2026 to mark foundation day following same set of conditions as enumerated below:

ii) Both the programmes will be held between 12:00 PM and 3:00 PM;

iii) After completion of programmes steps shall be taken on urgent basis by concerned organizers to disperse the crowd and remove all materials which were arranged to organize programme;

iv) Both the petitioners shall share particulars and mobile numbers of fifteen volunteers of each organization who will be responsible for complying directions of this Court during programme by 6 PM tomorrow, 26^th August, 2026 with Joint Commissioner of Police (HQ), Kolkata;

vi) Concerned police authority is directed to depute adequate number of police personnel to maintain law and order and it needs to be ensured that no untoward incident takes place as there will be two programmes at two different places, namely, Cathedral Road and Rani Rashmoni Avenue at the same time on same day, that is, 28^th August, 2026;

vii) Police authorities are also directed to take necessary steps in ensuring vehicular movement on one flank of Cathedral Road and Rani Rashmoni Avenue;

viii) Joint Commissioner of Police (HQ), Kolkata is directed to provide protection thereby permitting organizers to hold programme peacefully. Necessary assistance and protection shall also be provided for permitting electricians and decorators to take back their items without any hindrance;

With aforesaid directions, both the writ petitions stand disposed of.

Application being CAN 1 of 2026 filed in connection with WPA 21728 of 2026 also stands disposed of.

Learned advocates representing both the petitioners and State respondents are directed to communicate gist of this order immediately to the concerned police authority without waiting for server copy of the order.

Supplementary affidavit affirmed on 24^th August, 2026 filed on behalf of petitioner in WPA 21728 of 2026 and supplementary affidavit affirmed on 25^th August, 2026 filed on behalf of petitioner in WPA 22205 of 2026 are taken on record.

Parties to act on the server copy of this order duly downloaded from the official website of this court.