On Wednesday, the High Court of Bombay refused to issue an order preventing Maratha reservation activist Manoj Jarange-Patil from entering the city on Republic Day when he has reportedly planned an indefinite hunger strike.“Learned advocate general submitted that the state would follow the legal position enunciated by the Supreme Court in the case of Amit Sahni (Shaheen Bagh) vs the commissioner of police & others,” the court said & added if the need arises the state will adopt necessary measures to avoid breach of public peace & to maintain law & order.In the Shaheen Bagh judgment, the apex court addressed the limits of the right to protest as a fundamental right & barred indefinite occupation as a manner of peaceful protest. The judgment pertained to the protest that followed the enactment of the Citizenship (Amendment) Act 2019 that favors certain religious groups while excluding Muslims from its protection.On Wednesday, a division bench of Justice A S Gadkari & Justice Shyam C Chandak was hearing a petition filed by activist Gunratna Sadavarte who sought the court’s intervention in preventing Jarange-Patil’s march to Mumbai.Sadavarte, who appeared in person, informed the court that Jarange-Patil, accompanied by three crore followers, poses a logistical challenge for Mumbai whose capacity is less than one crore. The march has already impacted Pune, the petitioner said & urged the court to intervene before a similar situation arises in Mumbai. He also expressed his concern that the state might be hesitant to act due to political pressure.Advocate general Birendra Saraf echoed Sadavarte’s concern, stating that while they respect the right to protest, someone needs to take responsibility. He suggested the court could consider halting the march & proposed providing protesters with an alternative location outside Mumbai for a peaceful demonstration.
“We are not against their right to protest but somebody should take responsibility. We cannot permit an indefinite number of people marching to the city. We are equally concerned, if possible, the court can stop them,” he said.Further, Saraf pointed out that the state had not received any formal application from Jarange-Patil or others requesting permission to protest at a specific location. An application received was unsigned & thus invalid, he claimed.After noting the advocate general’s assurance on the state’s commitment to addressing the matter & preventing road blockages, the bench directed the government to ensure that a suitable public space is provided to the protesters to demonstrate peacefully. It also issued a notice to Jarange-Patil which would be served through Azad Maidan police station.The court will further deliberate on the matter on February 14.Jarange-Patil advocates for Maratha community reservation from the OBC quota & plans to commence an indefinite hunger strike on January 26 in Mumbai, either at Azad Maidan or Shivaji Park. He reached Pune on Tuesday.
TAGS: Bombay High Court Maratha reservation activist Manoj Jarange-Patil Republic Day hunger strike Legal position
