On Friday, the Calcutta High Court granted conditional approval for the Rashtriya
Swayamsevak Sangh (RSS) to hold a rally in Burdwan district on February 16,
overruling objections raised by the West Bengal government. The state had initially
denied permission for the use of loudspeakers, citing concerns that the rally might
disrupt the ongoing Madhyamik Pariksha (secondary school examinations).
The rally, scheduled to be addressed by RSS chief Mohan Bhagwat, had sparked a
standoff between the state authorities and the RSS. The government argued that the
use of loudspeakers could affect students appearing for their exams. However, the
organizers assured the court that there were no schools near the rally venue and that
the event would not disrupt the examinations. Despite these assurances, the state
police refused permission for the event, raising concerns about the potential
disturbances caused by loudspeakers.
In response to the government’s refusal, the rally organizers approached the Calcutta
High Court for judicial intervention. After considering arguments from both sides, the
court ruled in favor of the RSS, granting permission for the rally but with several
conditions. The court emphasized the need to balance the constitutional right to
assembly with concerns about maintaining public order, especially during an important
academic period.
The court imposed specific guidelines on the rally organizers to ensure that the event
did not disturb the ongoing exams or cause any public disorder. One key condition was
that the number of attendees be kept within a manageable limit to avoid overcrowding
and minimize disruptions. The court also ordered that the volume of the loudspeakers
be regulated to prevent excessive noise pollution.
A critical factor in the court’s decision was the timing of the rally. Scheduled for a
Sunday, when no examinations were taking place, the court found that the event would
not interfere with the exam schedule. This helped alleviate concerns about disrupting
students’ studies
The ruling is significant as it not only allows the RSS to hold the rally but also
underscores the role of the judiciary in balancing competing interests. It reflects the
court’s responsibility to uphold constitutional rights while ensuring that public order is
maintained, particularly during sensitive periods such as examinations.
While the West Bengal government has yet to comment on the ruling, the decision has
set a precedent for how public gatherings should be managed when they intersect with
other administrative concerns. It highlights the judiciary’s role in adjudicating conflicts
between political interests and administrative needs, ensuring that both the right to free
assembly and the integrity of the examination process are protected.
The organizers are now expected to comply with the court’s conditions, including
regulating the number of attendees and controlling the volume of loudspeakers. The
success of the rally will depend on their adherence to these guidelines and the
cooperation of local authorities to maintain peace during the event.
The organizers are now expected to comply with the court’s conditions, including
regulating the number of attendees and controlling the volume of loudspeakers. The
success of the rally will depend on their adherence to these guidelines and the
cooperation of local authorities to maintain peace during the event.
This ruling is likely to have broader implications, not only for future rallies but also in
shaping how public gatherings are handled in politically sensitive environments. As the
rally draws near, the focus will shift to ensuring that it is conducted peacefully and
without disruption, in accordance with the court’s instructions.
Kusha Mehta is a law student at Campus Law Centre, University of Delhi, with a background in economics. She has experience in legal research, writing, and analysis, with internships at NyayaSarthak and the International Institute of SDGs & Public Policy Research. Passionate about advocacy and policy, she has also completed certifications from Harvard University.
