Mumbai: The Bombay High Court on Tuesday restrained Maratha quota activist Manoj Jarange Patil from holding a protest without obtaining prior permission from the competent authority, observing that public places cannot be occupied for an indefinite period.
Democracy Allows Dissent, But With Rules
“Public places cannot be occupied for an indefinite period. Democracy and dissent go hand in hand, but demonstrations must be held only at designated places,” a bench of Chief Justice Alok Aradhe and Justice Sandeep Marne said.
Only After Seeking Permission
The court emphasized that peaceful protests can be undertaken at designated places only after permission is sought under the new Rules on Regulating Public Gatherings and Agitations.
No Protest at Azad Maidan Without Clearance
“Respondent 5 (Jarange) and his associates shall not stage any protest at Azad Maidan until they seek permission under Rules on Regulating Public Gatherings and Agitations,” the court emphasized.
The respondents, Jarange and his associates, are at liberty to file an application before the competent authority seeking permission to hold a peaceful protest, the court said. It added that the state would be at liberty to decide on the matter as per the provisions of the new rules.
Option of Alternative Venues
Moreover, the court stated that the state is at liberty to offer an alternate place to Jarange and his associates to hold the protest outside Mumbai. “It would also be open for the government to offer an alternate place at Kharghar in Navi Mumbai to the respondent to hold their peaceful protest so that the tempo of life in the city of Mumbai is not hampered,” the court said.
Burden on Police During Ganpati Festival
The court also noted the additional burden on the police, which would already be busy managing law and order during the upcoming Ganpati festival, set to commence on Wednesday, August 27.
Jarange’s Quota Ultimatum to Govt
Jarange has given an ultimatum to the Maharashtra government, until Tuesday, August 26, to grant a 10 percent quota to the Maratha community under the Other Backward Classes (OBC) category, or face the wrath of protesters.
Threat of March and Hunger Strike
He warned that a march to Mumbai would commence on August 27, Ganesh Chaturthi, if the government fails to accept their demand for the quota. He also threatened to go on an indefinite hunger strike at Azad Maidan from August 29.
PIL by Amy Foundation Against Protest
The HC passed the order while hearing a public interest litigation filed by a group, Amy Foundation, opposing the proposed agitation and seeking a restraining order. Advocate Gunaratne Sadavarte had on Monday night written to the senior inspector of Azad Maidan police station not to give permission to Jarange Patil to hold the protest.
Sadavarte told the FPJ on Tuesday that the protest, if held during the ongoing Ganesh festival, would have put tremendous pressure on the already overburdened Mumbai police. He also said there was a possibility of law and order problem. Sadavarte alleged that the protest was politically- motivated and was being backed by a senior politician of the state.
State Argues Against Disruption
Advocate General Birendra Saraf submitted to the court that although the State does not dispute the right of citizens to stage peaceful protests, he argued that such protests should not be held in a manner that brings the city to a standstill.
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Hearing Adjourned to September 9
During the Ganpati festival, the police force is already overburdened with law and order arrangements, and the assembly of such large numbers of people would place a significant additional strain on resources, causing inconvenience to the public, he said.
The bench issued notice to Jarange and scheduled the matter for further hearing on September 9.
