Bombay Excessive Courtroom on Tuesday stated Maratha quota activist Manoj Jarange can’t maintain a protest with out prior permission from authorities, whereas citing the legislation and order state of affairs in Mumbai through the Ganesh competition.
A bench of Chief Justice Alok Aradhe and Justice Sandeep Marne stated that whereas democracy and dissent go hand in hand, demonstrations ought to be held solely at designated locations.
The bench stated the federal government can take a name on whether or not to supply an alternate place at Kharghar in Navi Mumbai to the respondent (Jarange) to carry a peaceable protest in order that the tempo of life in Mumbai shouldn’t be disturbed.
Stir for 10 per cent quota
Jarange has given the Maharashtra authorities an ultimatum until Tuesday to grant a ten per cent quota to the Maratha neighborhood below the Different Backward Lessons (OBC) grouping, failing which he’ll march to Mumbai with Maratha supporters and sit on an indefinite quick on August 29.
The courtroom stated peaceable protests could be undertaken after permission is sought below the brand new guidelines for public gatherings and agitations.
The respondents (Jarange and his associates) are at liberty to file an utility in search of such permission from the involved authorities, the bench stated, including it will then be open for the federal government to resolve the identical as per provisions of legislation.
“It could even be open for the federal government to supply an alternate place at Khargar in Navi Mumbai to the respondent to carry their peaceable protest in order that the tempo of life within the metropolis of Mumbai shouldn’t be hampered,” the bench stated, noting that public locations can’t be occupied for an indefinite interval.
Democracy and dissent go hand in hand, however demonstration needs to be in designated locations the place such a protest could be held, it added.
The courtroom famous that police can be busy sustaining legislation and order within the metropolis through the Ganesh Chaturthi competition, which commences on Wednesday.
The excessive courtroom was responding to a PIL filed by the Amy Basis difficult the proposed agitation.
Advocate Basic Birendra Saraf submitted to the courtroom that whereas the state doesn’t dispute the best of a citizen to stage peaceable protests, nonetheless, the identical shouldn’t be in a manner that may convey the town to a standstill.
He stated the police power is extraordinarily burdened with preparations for legislation and order through the Ganesh Chaturthi competition, and assembling giant numbers of individuals can be an enormous pressure and trigger grave inconvenience.
The bench issued a discover to Jarange in search of his response to the petition and posted the matter for additional listening to on 9 September.
