Mumbai: The Bombay High Court on Tuesday granted time to Maratha quota activist Manoj Jarange Patil and his supporters to engage in talks with a Maharashtra Cabinet sub-committee, but warned that any breach of its earlier orders would not be tolerated.
A bench of Acting Chief Justice Shree Chandrashekhar and Justice Aarti Sathe was hearing a plea challenging the permission granted for protests at South Mumbai’s Azad Maidan, where Jarange and his followers have been demanding Kunbi certificates for Marathas to avail benefits of reservation under the OBC category.
The court adjourned the matter to 1 pm on Wednesday, September 3, after Senior Advocate Satish Maneshinde, appearing for the organisers, sought more time. “Till tomorrow 11 in the morning, please adjourn the hearing and give us some breathing time,” Maneshinde urged the court to adjourn the hearing so that his client and the associates can engage in dialogue with a sub-committee consisting of state ministers Radhakrishna Vikhe Patil, Manikrao Kokate, and Shivendra Raje Bhosale.
During the pre-lunch session, the bench directed the protestors to vacate the city by 3 pm after being informed that the Mumbai Police had issued notices for flouting conditions of the protest permission. “We must indicate that this court would be constrained to pass any orders and to go to any extent to uphold the majesty of the law inasmuch as any breach of the order passed by this court shall not be tolerated,” the bench cautioned.
The judges also pulled up the state government for its inaction. “We will have to pass orders against you (state), too. You could have taken the steps and could have got it vacated forcefully. This is a very serious issue, and we are very unhappy with your conduct. How can we permit violation of our orders?” the bench asked orally.
The court noted that despite the permission limiting the gathering to 5,000, the number of protestors had swelled to over one lakh by August 30. Referring to a September 1 order by a special bench of Justices Ravindra Ghuge and Gautam Ankhad directing protesters to vacate streets by Tuesday noon, the judges observed that “no clear stand was coming forth” from Jarange, “who is considered to be the man behind the rally”.
The bench further warned that Jarange and others may be held responsible “for instigating and abetting people to come to the city of Mumbai beyond 5,000”, and asked him and fellow respondents Virendra Pawar and Amaran Uposhan Antarwali Sarati organisation to respond to issues raised by the court.
Maneshinde, however, tendered an apology for the misbehaviour of some protestors. “Jarange never intended to cause inconvenience or a law-and-order situation. Our visit to Mumbai was planned a month in advance, yet no facilities were provided. People who landed here did not come with the idea of creating trouble,” he submitted, adding that most participants had already left the city.
The judges also expressed concern about security lapses. “When I was returning at 2.40 am, there was not a single (police) patrol vehicle on the roads of Mumbai from the airport to my residence. Where is the security of citizens?” Justice Chandrashekhar remarked.
Recalling Monday’s chaos, the bench said the court was “virtually under a siege” due to slogan-shouting and blockades near its premises. “This is very serious, and we can’t leave the state like this. There seems to be some lapse on the part of the state also. There can’t be a siege of the High Court. You can’t make a High Court judge walk to attend the court,” it said.
The matter will be heard again on Wednesday afternoon.
