Introduction:

The Calcutta High Court recently addressed a matter involving the Sangrami Joutha Mancha, comprising state government employees, seeking a peaceful sit-in protest to demand an increase in their dearness allowance (DA) outside the State Secretariat building ‘Nabanna’ in Howrah. The Court had previously conditionally allowed the protest over a 72-hour period, emphasizing the need for peaceful conduct and compliance with noise pollution norms.

Parties and Arguments: 

The State, dissatisfied with the single bench’s order, appealed before a division bench, asserting that the protestor’s presence near the Secretariat was disrupting public movement. On the contrary, the petitioners highlighted that the state government had already announced a 4% DA hike due to the single bench’s order, with only around 300 peaceful demonstrators present.

Court’s Judgment: 

The division bench, despite considering the disruption caused, opted not to stay the protests entirely but revised the duration, directing the demonstrators to vacate the area by December 23rd, a day earlier than initially ordered. The bench urged a peaceful demonstration without any derogatory statements or slogans, taking into account the ongoing protests and the upcoming Christmas celebrations.