Route cleared, no DJ, only 500 people: Calcutta High Court’s checklist for March 26 Ram Navami rally in Howrah

“Participants during the rally shall not shout slogans which shall incite communal tension,” said the Calcutta High Court, allowing the rally.

Route change ‘not tenable’, says court

• After examining the submissions, the Calcutta High Court noted that the police had not denied permission outright but had sought to regulate the event.
• However, it drew a distinction between permissible regulation and unjustified alteration of established practice.
• The Calcutta High Court found the reasons cited for changing the route insufficient, observing that the same route had been permitted in previous years, including under judicial orders.
• The 2025 order had attained finality and was not challenged.
• Concerns relating to election activity could be addressed through adequate police deployment, rather than restricting the procession’s route.
• On the issue of “sensitive areas”, the Calcutta High Court held that past permission to use the same route undermined the state’s argument for deviation in 2026.

Justice Saugata Bhattacharyya was on March 20 hearing a writ petition filed by the VHP seeking directions to hold the rally along the same route used in previous years.

Participation cap, key directions

• While granting permission, the Calcutta High Court accepted the need for strict safeguards and imposed detailed conditions to ensure discipline and prevent any breach of peace.
• Key directions include a maximum of 500 participants, consistent with the 2025 order.
• Mandatory pre-submission of names and photo identity cards of all participants to the deputy commissioner of police.
• Appointment of 15 designated organisers, responsible for maintaining order, with their contact details shared with the police.
• Public announcements and leaflets to ensure compliance with the participation cap.

Strict prohibitions to prevent tension

• The Calcutta High Court laid down clear restrictions aimed at preventing escalation or communal disharmony.
• No arms, lathis, or weapons; only symbolic PVC items allowed.
• No provocative or inflammatory slogans.
• No DJ systems. Only limited sound equipment (5–6 microphones) permitted.
• Only one vehicle allowed for carrying the tableau and idol.
• Rally must not halt or assemble at intermediate points and should proceed continuously.
• The court also empowered police authorities to take immediate action in case of any violation of these conditions.

Plea triggered by police curbs

• The petitioners moved the high court after their application dated February 17 seeking permission for the rally was met with a restrictive response from the Howrah City police.
• In a memo issued on March 12, 2026, the assistant commissioner of police flagged alleged violations during the 2025 rally and proposed a change in route, along with additional conditions.
• According to the police, the earlier rally had exceeded the permitted cap of participants and saw the presence of multiple motorbikes despite permission for only one vehicle.
• Citing these violations, authorities sought a fresh application with a revised route and stricter controls.

VHP relies on earlier court orders

• Appearing for the petitioners, senior advocate Subir Sanyal argued that the route proposed for 2026 was not new and had been consistently followed over the years, including in 2025 when a coordinate bench had permitted the rally with defined restrictions.
• The petitioners urged the court to extend the same framework for 2026, assuring compliance with all conditions imposed in the April 4, 2025 order, including limits on participants and conduct of the procession.

State invokes constitutional limits, security concerns

• The state, represented by advocate general Kishore Datta, opposed the plea, invoking Articles 19(1)(a) and 19(1)(b) of the Constitution, which guarantee freedom of speech and assembly but permit reasonable restrictions in the interest of public order.
• The state relied on the Supreme Court’s ruling in Himat Lal K Shah vs Commissioner of Police (1973) to argue that regulatory measures, including route restrictions and caps on participation, fall within the State’s authority.

It further highlighted two key concerns.

• Election preparedness: Parts of the proposed route pass near the Shibpur Police Lines, where election-related training and administrative activities were underway.
• Sensitive stretches: The Kazipara–Mallick Fatak stretch on G T Road was flagged as communally sensitive based on past incidents.

Timeline, monitoring

• The procession is scheduled to begin at 3 pm and conclude by 6 pm on March 26, 2026, under strict police supervision.
• Authorities have been directed to deploy adequate personnel, including escort vehicles, to ensure smooth conduct.
• Importantly, the Calcutta High Court has mandated the police to file a compliance report by April 1, 2026, when the matter will be listed again for further consideration.

Balancing rights, public order

• The ruling reiterates the principle that while the state can regulate assemblies, such regulation must be reasonable, proportionate, and non-arbitrary.
• By permitting the rally on its traditional route but enforcing tight operational controls, the court sought to strike a balance between constitutional freedoms and administrative concerns in a sensitive, pre-election context.
• The order is likely to serve as a reference point for similar disputes involving religious processions and state-imposed restrictions across jurisdictions.

2024: Calcutta High Court grants permission to Ram Navami processions in Howrah with certain riders

• In 2024, the Calcutta High Court had granted permission to the Vishwa Hindu Parishad and the Anjani Putra Sena to take out Ram Navami processions in West Bengal’s Howrah under certain conditions.
• A single-judge bench of Justice Jay Sengupta observed that Ram Navami processions should not have more than 200 participants.
• It also barred the display of any weapon during the processions and added that only one vehicle carrying the idol of Lord Ram could be used in a rally.

• Raising provocative slogans and using disc jockeys have been banned too.
• The Court has also asked the two organisers to take out their rallies on separate days.
• The VHP will hold the procession on April 17, while Anjani Putra Sena has been asked to organise the Ram Navami procession on April 21.
• The police had earlier asked the organisers to change the route of the procession this year owing to the fear of the recurrence of violence like last year.