The Bombay High Court has ruled that protestors cannot occupy public spaces indefinitely, emphasizing that while democracy and dissent are vital, demonstrations must be held in designated areas with prior permission. The ruling came on Tuesday, August 26, 2025, in response to a proposed protest by Maratha quota activist Manoj Jarange-Patil, who is demanding a 10% reservation for the Maratha community under the Other Backward Classes (OBC) category.
A division bench of Chief Justice Alok Aradhe and Justice Sandeep Marne stated that while the right to protest peacefully is fundamental, it cannot inconvenience the public. The court noted the upcoming Ganesh festival would place significant strain on the Mumbai Police, making it crucial to maintain law and order. The court also referenced the Supreme Court's Amit Sahni judgment, which reinforces the obligation of the state to ensure that public spaces are not occupied indefinitely for protests.
The High Court clarified that peaceful protests are permissible, provided organizers obtain prior permission under the new Rules on Regulating Public Gatherings and Agitations. The court granted Jarange-Patil and his associates the liberty to apply for such permission from the concerned authorities. Furthermore, the court suggested the government consider offering an alternative site, such as Kharghar in Navi Mumbai, to enable Jarange's group to protest without disrupting civic life in Mumbai.
The court's decision came in response to a public interest litigation (PIL) filed by an NGO, AMY Foundation, challenging the proposed agitation. The Maharashtra Advocate General, Dr. Birendra Saraf, informed the court that the state government would soon gazette the Public Meeting Agitation and Procession Rules, 2025, which would detail recognized protest grounds in Mumbai and the regulations for protestors.
Jarange-Patil had given the Maharashtra government an ultimatum to grant the Maratha community a 10% quota under the OBC category by Tuesday, August 26, 2025, threatening to march to Mumbai with supporters and begin an indefinite fast on August 29 if his demands were not met. Despite the High Court's order and attempts by the government to negotiate, Jarange-Patil has so far refused to relent. He accused the Chief Minister of obstructing Maratha reservations and vowed to proceed with the protest, stating, "No matter how many obstacles are placed by the government, we will leave for Mumbai tomorrow (Wednesday). We are going there peacefully and lawfully. Therefore, the court will give us justice".
The Bombay High Court has adjourned the hearing on the petition to September 9. In the meantime, Jarange-Patil and his associates must seek permission from the authorities before staging any protest in Mumbai. The state government has the option to offer an alternative venue in Navi Mumbai to ensure the protest does not disrupt the city.
