Kolkata: The Calcutta High Court on Thursday declined to pass a blanket prohibitory order against the proposed ‘Nabanna Abhijan’ protest and instead advised protestors to remain peaceful and avoid damage to public property.
The rally has been called in the name of the parents of the junior doctor who was raped and murdered at RG Kar Medical College & Hospital last year in August 9. The bench, comprising Justices Sujoy Paul and Smita Das De, noted that the police had already issued a prohibitory order under the Bhartiya Nagarik Suraksha Sanhita, 2023, and that the government is best placed to handle law and order. Protestors were advised to remain peaceful and avoid damage to public property, invoking the constitutional duty under Article 51A(i) to safeguard public property and abjure violence.
The court acknowledged that while the right to protest is a core constitutional right under Articles 19(1)(a) and 19(1)(b), it is subject to reasonable restrictions in the interest of public order. Citing previous decisions of the Supreme Court and a Calcutta High Court Division Bench in a related matter, the judges emphasised that peaceful protests cannot be curbed but must comply with legal norms and designated areas.
The petition had sought a writ of prohibition to stop any rally or demonstration near Nabanna, the state secretariat. The petitioner argued that last year’s similar protest had led to chaos and violence, resulting in injuries to police personnel and damage to public property. The petitioner also sought directions to the state government to frame guidelines to ensure public safety during protests.
The Advocate General, appearing for the State, echoed concerns about law and order, noting that 47 police personnel were injured and one lost vision in an eye during last year’s protest. He submitted that protests should be held at designated sites as per the policy dated July 31, 2025. The suggested venues included Mandirtala Bus Station, Howrah Maidan, and under Bankim Setu Flyover, with respective capacities of 200, 500 and 500 persons.