After the 3 PM deadline to vacate Azad Maidan ends, HC grants Jarange time till Wednesday

Mumbai: The Bombay High Court has allowed Manoj Jarange to stay at Azad Maidan, the ground zero of his hunger strike, till September 3 morning after initially directing the Maratha quota leader and protesters to vacate the venue by 3 PM on Tuesday.

Noting that it was extremely unhappy with the state government, the high court asked why the administration didn’t implement its orders and initiated steps to forcibly vacate the area.

If the situation does not improve by Wednesday, the HC would be constrained to pass an order, and it would go to any extent to uphold the majesty of law.

The HC accepted Jarange's request after his lawyer told a bench of Chief Justice Shree Chandrashekhar and Justice Aarti Sathe that some solution is likely to be arrived at by Wednesday morning.

The same bench in the morning session directed Jarange to vacate Azad Maidan, where he has been observing fast for the last five days, and his supporters to vacate the place by 3 PM. It warned of exemplary cost and contempt action if the order was not followed.

When the matter was heard again at 3 PM, advocates Satish Maneshinde and V M Thorat, appearing for Jarange and his team, sought time till Wednesday morning so that they could discuss their demands for the reservation for Maratha community members with the state government.

Maneshinde said a solution is likely to be arrived at by the next morning, and remarked that if Jarange and the protesters are made to leave on Tuesday, it would mean the end of the agitation.

The bench accepted the argument and posted the matter for further hearing on Wednesday at noon.

It, however, noted that Jarange seems to be the man responsible for instigating persons to come to Mumbai beyond the permissible limit of 5,000 persons.

There are also several other serious issues involved in the matter that Jarange and his team would have to answer to, the bench stated.

"Breach of the court orders shall not be tolerated, and appropriate action shall be taken against the violators," the judges stated.

The bench also came down heavily on the Maharashtra government, holding it responsible for the current situation.

"We are very, very, very unhappy with the state's conduct. Why did the government not implement the court’s orders? State could have taken steps and got the area vacated forcibly," the high court stated.

Addressing Jarange and his team, the bench stated that as law-abiding citizens, they ought to have vacated Azad Maidan as they lacked the necessary permission.

"On what authority have you occupied Azad Maidan? If at your instance so many people come here then they will certainly follow you. We have to maintain the rule of law in this country. That is important," the bench stated.

Maneshinde said that pursuant to the court's directive earlier in the day, Jarange and his team have asked their supporters to leave the city, and that is being followed.

Jarange has been demanding a 10 per cent quota for Marathas under the OBC grouping. He had vowed not to leave Mumbai till his demands are met by the government.

Earlier in the day, the bench demanded that it wanted complete normalcy restored by 3 pm, and if not, they would get on the streets.

Jarange and his supporters have violated the law and have no right to occupy Azad Maidan without any permission, the HC said.

"This is a very serious situation. We are not satisfied with the state government either. There seems to be some lapse on the part of the government also," it said.

Maneshinde, on behalf of Jarange and his team, tendered an apology for the unruly behaviour of some protesters on the city streets. He said Jarange strived from day one to ensure no person is troubled.

He assured the high court that nobody would be inconvenienced.

The court then asked if Jarange and his supporters vacated Azad Maidan.

"They (Jarange and his supporters) are violators and hence they have no right at all. They must leave immediately, or we will take action. This is completely illegal. After 3 pm, we will not allow anyone there at Azad Maidan," the bench had said.

The court pointed out that several protesters surrounded the HC building on Monday, causing obstruction to judges.

"It cannot be that the high court was under siege and a judge had to walk to court," the HC said.

Maneshinde told the court that Jarange has filed a fresh application, seeking permission to continue the protest, but no order has been passed yet.

He submitted to the bench that Jarange had informed the government four months ago that he would be holding protests in Mumbai and filed an application seeking permission a month ago, but still no arrangements had been made at Azad Maidan.

The bench then pointed out that permission was only for 5,000 persons at Azad Maidan; however, several thousand protesters had arrived in the city.

"What steps did you (Jarange) take to ensure that more than 5,000 persons do not come. Once you found that more than 50,000 people had swarmed the city of Mumbai, what steps did you take? Did you ask them to leave Mumbai?" the high court asked.

Maneshinde said Jarange appealed to his supporters through the media and added that after the HC's directive on Monday, the streets have been vacated and all vehicles cleared (off roads).

Jarange has been demanding a 10 per cent quota for Marathas under the OBC grouping. He had vowed not to leave Mumbai till his demands were met by the government.

On Tuesday, the city police issued a notice to Jarange and his team, asking them to vacate Azad Maidan at the earliest.