The Bombay High Court has recently addressed the Maharashtra government and Maratha quota activist Manoj Jarange concerning planned protests in Mumbai, particularly in light of potential disruptions to public order and the ongoing Ganesh festival. The court's intervention highlights the delicate balance between the right to protest and the need to maintain civic harmony.
The High Court has stated that while peaceful protests are a cornerstone of democracy, they must be conducted in designated areas and with prior permission from authorities. This ruling came in response to concerns that planned demonstrations by Jarange and his supporters could disrupt the city, especially with the Ganesh Chaturthi festival commencing. The court emphasized that public spaces cannot be occupied indefinitely, potentially causing inconvenience to ordinary citizens.
In a recent hearing, a division bench comprising Chief Justice Alok Aradhe and Justice Sandeep Marne, addressed the issue. The court acknowledged the right of Jarange and his associates to protest peacefully but stressed the obligation of the state to ensure public places are not indefinitely occupied for demonstrations, referencing the Supreme Court's ruling in the Amit Sahni case. The bench suggested the state government consider offering an alternative venue, such as Kharghar in Navi Mumbai, for the proposed protest.
The Maharashtra government, represented by Advocate General Dr. Birendra Saraf, informed the court that it would formalize the Public Meeting, Agitation and Procession Rules, 2025, to define recognized protest sites and procedures in Mumbai. The court has clarified that protestors must seek and be granted permission under these applicable rules before staging any protest at Azad Maidan.
Manoj Jarange, while respecting the judiciary, expressed his belief that the court's decision was influenced by a government conspiracy to suppress his movement. He stated his legal team would approach the court again, expressing hope that the agitation would be allowed at Azad Maidan, while committing to follow court guidelines.
Previously, the Bombay High Court had reminded the Maharashtra government of its duty to maintain law and order amid Maratha quota protests, asserting that the state could not remain a "mute spectator". The court was responding to a petition against protests initiated by Jarange, during which instances of violence were reported across the state. The court noted the state's power to control such situations, including removing blockades.
The situation remains fluid, with Jarange initially stating he would proceed with his plans to protest at Azad Maidan regardless of the court's ruling. However, the court's order makes it clear that any protest without prior permission would be in violation of the established rules. The next hearing on the matter is scheduled for September 9.