Every citizen of India takes pride in the Tri-colour: Calcutta High Court

Every citizen of India takes pride in the country's tri-colour flag, the Calcutta High Court recently remarked while permitting the conduct of a Tiranga Rally on Republic Day [Sanjib Kumar Sau vs State of West Bengal]..Single-judge Justice Rajasekhar Mantha added that it is the "bounden duty" of the police to promote such Tiranga Rallies. "Every citizen of this country takes pride in the Tri-colour. To promote respect and dignity for the same is to promote building of a national identity, unity and a patriotic gesture. It is apt and appropriate to hold a Tiranga Rally on Republic Day," the judge observed in the order passed on January 25.The Court made it clear that it was not concerned with any political colour of the person who wished to hold the rally to promote the tri-colour. "It is the bounden duty of all the security forces and the Police in this country to promote such rallies and functions," the Court underscored. .The observations were made while disposing of a plea filed by one Sanjib Sau (petitioner) who challenged the decision of the Hasnabad Police Station in North 24 Parganas district. The petitioner sought permission to carry out a Tiranga Rally with over 3,000 participants on January 26, 2024, to celebrate the Republic Day, from 12 noon to 4 PM. After the police declined to grant permission for the rally, the petitioner moved the High Court for relief. The Court noted that the timing of the rally would not clash with any of the events scheduled to take place at schools or colleges in the area. The Court also refused to accept the argument that there may be a chance of public tranquility being disturbed since the rally was sought to be held on a public holiday. The Court added that the public holiday on Republic Day has mostly been peaceful in West Bengal till date."People are generally in a joyous and happy mood (during Republic Day). It is unlikely that there will be disturbance or requirement of heavy police personnel on a particular date," the Court opined. .The single judge further refused to accept the contention of the State that the rally may cause public inconvenience. "In this regard, the Division Bench of this Court headed by the Chief Justice has already pronounced that rallies are common place in the State and City. The public at large are used to such rallies and inconvenience to them is taken in stride," the judge said while disposing of the petition. The Court, however, ordered the petitioner to ensure that no emergency services are obstructed in any manner. "The petitioner himself shall be the person responsible for all the undertakings given in the petition and for compliance of all the stipulations and conditions that are normally imposed by the police for holding any public rally in the State," Justice Mantha said. .Advocates Rajdeep Majumder, Moyukh Mukherjee, Pritam Roy and Sagrika Banerjee appeared for the petitioner. Advocate General Kishore Datta along with advocates Amal Kumar Sen and Amrita Panja Moulick represented the State. .[Read Order]