Calcutta HC modifies order on Doctors’ protest, upholds right to peaceful demonstration [Read Judgment]

Kolkata: The Calcutta High Court’s Division Bench delivered a significant judgment modifying a Single Bench order regarding doctors’ peaceful protest while upholding their fundamental right to demonstrate. 

Calcutta High Court Defends Right to Peaceful Protest Amid Doctors’ Demonstration

Justices Harish Tandon and Hiranmay Bhattacharyya addressed the State’s appeal against the permission granted for the protest at Dorina Crossing, Esplanade, Kolkata. 

The case stemmed from a protest planned by the Joint Platform of Doctors concerning the tragic incident at R.G. Kar Medical College and Hospital on August 9, 2024. The police had initially denied permission, citing potential congestion during Christmas and New Year celebrations.

Calcutta High Court Revises Protest Guidelines: Key Judgment on Doctors’ Rights in Kolkata

The court noted, “Every citizen of a country has a right to make a peaceful protest, provided sufficient safeguards are taken in this regard, which do not encroach upon the rights of the people at large.”

Addressing the State’s concerns, the court observed, “We do not find any disruption in the traffic or disturbances and/or inconvenience caused to commuters at the said locality,” based on video evidence of the ongoing protest.

The Division Bench modified the Single Bench order by reducing the permitted number of protesters from 200-250 to 100 people, as originally requested by the doctors’ forum. The court directed, “We appreciate the steps taken by the police administration to ensure there is no disruption to the peaceful protest by providing adequate security, and we hope and trust that this will continue until December 26, 2024.”

The court emphasized that while administrative decisions should not be interfered with lightly, intervention is warranted when orders fail the test of reasonability. Citing the Supreme Court’s August 22, 2024 order, the bench noted that peaceful protests against the R.G. Kar incident should not be disturbed.

For the appellant State: Mr. Kalyan Bandyopadhyay, Senior Advocate, with Mr. Sirsanya Bandyopadhyay, Ms. Amrita PanjaMoulick, Mr. Arka Kumar Nag, and Mr. Rahul Singh

For the respondents: Mr. Bikash Ranjan Bhattacharyya, Senior Advocate, with Mr. Samim Ahmmed, Ms. Saloni Bhattacharya, and Mr. Enamul Islam

Case title: The State of West Bengal & Ors. Vs. Joint Platform of Doctors & Anr.

[Read Judgment]