- (1.) THE writ-petitioners have come up with a supplementary affidavit alleging violation of the directions given by this Court in the above Public Interest Litigation on September 28, 2007 on the occasion of the meeting held at the instance of the Democratic Youth Federation of india (hereinafter referred to as DYFI) on December 20, 2008 by cooking of foods for the public gathered in the meeting with the aid of open oven within 3 kilometres of the Victoria Memorial Hall. The annexure to the said affidavit, i. e. the various news-items from the local newspapers indicated that there was also the allegations of parking vehicles used for carrying the participants within the prohibitive zones as indicated in the said order.
(2.) ON September 28, 2007, this Court passed various directions for the protection of the Victoria Memorial Hall and among those directions, the following two directions are relevant for the purpose of disposal of the present application : 1) "prohibition of parking of all cars on those red-marked portions as indicated in the annexed map should be immediately imposed and such prohibition should continue for 24 hours a day including the holidays. Relaxation to this prohibition of parking may be given only to the high foreign dignitaries or on special ceremonial occasions. " 2) "all the hotels and the restaurants situated within three kilometres from the VMH are directed to use cleaner fuels, such as L. P. G, as suggested by the NEERI and the police authority is directed to see that within the distance of three kilometres from the VMH, there is no open oven on the pavements. Burning of leaves having already been prohibited, no fresh direction is necessary. "
(3.) SUBSEQUENTLY, on May 7, 2008, this Court passed the following direction regarding grant of permission to hold any meeting or rally within three kilometres of the Victoria Memorial Hall: "in such circumstances, we direct the Commissioner of Police, Kolkata, not to grant any permission to hold any meeting or rally within three kilometres of the Victoria Memorial Hall in future unless an undertaking in advance is given by the organisers of such meeting or rally not to violate any of the terms of the order dated September 28, 2007 along with the application for permission for holding the same. If in spite of giving such undertaking as a precondition for permission, the same is not respected, the Commissioner of Police will not grant any permission in future to hold any further meeting or rally at the instance of such organisers within three kilometres of the Victoria Memorial Hall. Apart from taking such undertaking in advance, the Police Authority will also take adequate measures for preventing the breach of our abovementioned order in future and in case of contravention of any such undertaking, will take appropriate action against the person or persons concerned in accordance with law. ";