RAVI KRISHAN KAPUR,J. - (1.) Petitioner is the President of Howrah (Sadar) Unit, Bharatiya Janata Party and has approached this Court assailing the decision of the respondent No.3, Commissioner of Police, Howrah, refusing permission to hold public meeting at Jagat Banerjee Ghat Road.
(2.) Learned Counsel appearing for the petitioner submits that the petitioner had made an application before the respondent No.2 and 3 on 30.7.2018 to hold a meeting on 5.8.2018 between 2.30-7.00 p.m. near Avani Mall, Kazipara beside Narsingh Temple. He had also sought permission to set up a temporary stage at the site. Pursuant to such prayer, Howrah Municipal Corporation had granted permission to hold the meeting at the proposed site. However, for reasons best known to respondent No.3, he refused such prayer with a laconic expression 'public inconvenience'. He submits that the reasons leading to such conclusion have not been spelt out in the impugned decision which is clearly a non-speaking one.
(3.) Learned Advocate General with Additional Advocate General oppose the writ petition and submit that although the petitioner has a fundamental right to hold public meeting and/or assemblage at a public place but they cannot insist on holding such meeting at a particular spot. The proposed site is on a public thoroughfare and in front of a busy mall and upon assessment of the law and order situation, the respondent No.3 had refused the prayer. Learned Advocate General further clarified that permission granted by Howrah Municipal Corporation does not relate to assessment of law and order situation which is the exclusive permission of police administration. He, however, submitted that the petitioner may hold the meeting at any other alternative site which does not affect law and order or cause public inconvenience.;