The Bombay High Court on Tuesday directed Maratha quota activist Manoj Jarange not to hold any protest without prior permission, stressing that public places can’t be occupied indefinitely and citing the strain on law and order during the upcoming Ganesh festival in Mumbai.
A division bench of Chief Justice Alok Aradhe and Justice Sandeep Marne observed that while the right to protest is integral to democracy, demonstrations must be conducted only at places earmarked for such activities.
“Democracy and dissent go hand in hand, but demonstrations have to be in designated places where such a protest can be held,” the bench said.
The court noted that the state government could consider offering an alternative protest site at Kharghar in Navi Mumbai to ensure that the daily life of Mumbai’s residents remains undisturbed.
Ultimatum Over Maratha Quota
Jarange has been at the forefront of the Maratha reservation movement and has issued an ultimatum to the Maharashtra government to grant a 10% quota to the Maratha community under the Other Backward Classes category. He warned that if the demand was not met by Tuesday, he and his supporters would march to Mumbai and begin an indefinite fast starting August 29.
The state government has been grappling with the politically sensitive issue of Maratha reservation, which has seen widespread protests in recent years.
Permission Mandatory Under New Rules
The bench clarified that peaceful protests can be organized only after seeking permission as required under the revised norms governing public gatherings.
“The respondents are at liberty to file an application seeking such permission from the concerned authorities. It would then be open for the government to decide the same as per provisions of law,” the bench said.
It further emphasized that it was within the government’s discretion to suggest an alternate venue, including Kharghar, to avoid disruptions in Mumbai.
Strain On Police During Ganesh Festival
The High Court also acknowledged that the city’s police force would be under significant pressure during the Ganesh Chaturthi celebrations, which begin Wednesday.
Advocate General Birendra Saraf, representing the state, told the court that while the government does not dispute citizens’ right to peaceful protest, such gatherings must not cause gridlock or affect essential services.
“During the Ganesh Chaturthi festival, the police force is extremely burdened with arrangements for law and order, and the assembly of large numbers of people would be a big strain and cause grave inconvenience,” Saraf submitted.
PIL Challenges Proposed Agitation
The court was hearing a Public Interest Litigation (PIL) filed by Amy Foundation opposing the proposed protest. Taking note of the concerns raised, the bench issued notice to Jarange seeking his reply and scheduled the matter for further hearing on September 9.
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