DEBANGSU BASAK,J. - (1.) The petitioner seeks that a letter dated January 9, 2018 refusing grant of permission to hold a proposed rally by the Bharatiya Janata Yuva Morcha (BJYM) be set aside.
(2.) Learned Advocate for the petitioner submits that, the petitioner proposes to hold a motor cycle rally from different parts of the State to converge to Cooch Behar on January 18, 2018 for the purpose of protesting against the lawless situation and the illegal incidents happening in the State of West Bengal.
(3.) Learned Advocate appearing for the petitioner submits that the permission has been denied, on the basis of that, the proposed rally will cause disruption in the smooth of movement of the pilgrims for the Gangasagar Mela. He submits that the route proposed by the organiser of the rally do not converge with the Gangasagar Mela. Therefore, such a reasoning given in the impugned writing is perverse. He draws the attention of the Court to (2017) 4 West Bengal Law Reporter Page 338 (Sasanka Sekhar Dey and Ors. v. State of West Bengal and Ors.) and submits that, on last year itself, an organisation was allowed to hold a congregation at the Maidan area during the Gangasagar Mela. The assembly of large number of pilgrims of the Gangasagar Mela did not impede the holding of such meeting last year at the Maidan area. Consequently, this year also, there should not be any impediment on the part of the State in permitting the petitioner to organise the rally as proposed.;