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'Why Interfere With The Right To Hold A Peaceful Demonstration?': Calcutta HC

The police had stopped a CPI(M) leader from holding a peaceful demonstration in a locality.

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The Calcutta High Court has asked the West Bengal Police why it stopped CPI(M) leader Tushar Kanti Ghosh from holding a peaceful demonstration in a locality of the South 24 Parganas district.

The case: Ghosh, the petitioner in the case, wanted to hold a peaceful political rally in the Bhangore area. But, the inspector-in-charge of the Bangor area due to volatile clashes between members of three different political parties issued a Section 144 order, as a result of which the rally could not take place.

Judge pulls up the police: Responding to this Justice Rajasekhar Mantha asked the police officer to explain:

“As to how the constitutional right to hold a peaceful demonstration by the petitioner can be interfered with by issuing order under Section 144 of the Code of Criminal Procedure. The current law and order situation shall be revisited and reassessed.”
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What else did the lawyer say? The counsel appearing for the petitioner said that it wasn’t clear whether the inspector in charge was empowered to issue an order under Section 144 of the CrPC.

He added that another political party was allowed to hold a rally on 8 February this year, even after a similar order had been passed.

(With inputs from LiveLaw)

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