Cal HC Allows Protest March to State Secretariat Over Rape-murder of Woman Doctor

Kolkata: Calcutta High Court on Friday refused to prohibit a march to West Bengal state secretariat 'Nabanna' on August 27 to protest rape and murder of a woman doctor at RG Kar Medical College and Hospital, holding that fundamental right to hold peaceful protest cannot be curbed.

Praying for prohibiting call for march in surrounding areas of Nabanna, a lawyer and a resident of Shibpur in vicinity moved a PIL before court, stating that it should not be allowed without proper application seeking permission to organise event.

Allowing march to Nabanna in Howrah city by a section of civil society, a division bench presided by Justice Harish Tandon observed that brutal rape-murder of postgruate trainee doctor has shocked conscience of citizens and peaceful protest rallies from different quarters have been witnessed since incident that took place in medical institution on August 9.

It noted that several Supreme Court judgements have held that right to protest in a peaceful manner is core fundamental right of every citizen.

division bench, also comprising Justice Hiranmay Bhattacharyya, pointed to a Supreme Court order of August 20 in a suo motu petition on issue where it held that West Bengal government will observe necessary restraint in peaceful protest conducted by any quarter of civil society over incident at RG Kar Medical College and Hospital.

"In view of order of Apex Court, we do not think that any prohibitory order as sought can be granted in favour of petitioner," bench said.

Appearing for state, vocate General Kishore Dutta contended that assembling or garing people or rallies cannot be permitted within highly sensitive zone as right to hold rallies or marches being a fundamental right is subject to reasonable restrictions imposed by state.

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