Mumbai, Sep 1 (PTI) The Bombay High Court on Monday asked Maratha quota activist Manoj Jarange's supporters to vacate all streets by Tuesday noon and restore normalcy, noting the stir was not peaceful as promised by organisers and has brought the city to a standstill.
Describing the situation as grim on the fourth day of the hunger strike by Jarange at Azad Maidan in south Mumbai, the HC, during a special hearing, observed that all pre-agitation conditions have been violated and asked protesters to stay within confines of the designated area for stir.
A bench of Justices Ravindra Ghuge and Gautam Ankhad stated that since the protesters do not have valid permission to continue the stir, it expects the Maharashtra government to follow the due procedure laid down in law by initiating appropriate steps.
The government shall also ensure no more protesters shall enter the city henceforth, it said.
As the HC came down heavily on protesters for not remaining at Azad Maidan - the designated place for the agitation - and blocking vital areas and roads in south Mumbai, the 43-year-old activist asked his supporters to follow the court directives and not inconvenience people by roaming on streets.
Jarange, who is demanding inclusion of Marathas in the OBC category for reservation benefits, stopped drinking water in the afternoon, but took some sips in the evening while addressing his supporters after the HC directives.
Chief Minister Devendra Fadnavis said his administration will implement the HC directives on the Maratha quota protest and added the Mahayuti government is deliberating on finding legal options to resolve the standoff.
In a related development, Cabinet minister Chhagan Bhujbal, a prominent OBC leader, said Marathas should not be accommodated in the quota for the Other Backward Classes, citing only 17 per cent reservation is available for 374 communities under the grouping in the state.
Talking to reporters after a meeting of OBC leaders, Bhujbal warned lakhs of people from the OBC communities will stage protests if the reservation meant for them is slashed.
Interacting with the media in Pune, Fadnavis said, "I was travelling, so I do not know exactly what the court observed. I got to know that the court has observed that some violations have taken place regarding the permissions given for the protest. The court has expressed displeasure over whatever is happening on the roads of Mumbai." During the hearing, the HC asked Jarange and his supporters to ensure all streets are vacated by Tuesday noon.
"The situation is grim and the city of Mumbai has been practically brought to a standstill," the court said.
The protesters have gathered at vital places such as the Chhatrapati Shivaji Maharaj Terminus (CSMT) and Churchgate railway stations, Marine Drive promenade and even the high court building, it said.
The court noted the agitation was not peaceful and that Jarange and the other protesters have violated each and every condition laid down by authorities when permission was granted to hold a peaceful protest at Azad Maidan.
"We are giving Jarange and his supporters an opportunity to rectify the situation immediately and ensure the streets are vacated and cleaned up by Tuesday noon," the bench said.
The court said as Jarange and his supporters have prima facie violated the conditions and since they do not have valid permission to continue the protest.
The bench, while posting the matter for further hearing on Tuesday, said if by then Jarange's health worsens, the government shall administer medical assistance to him.
Advocate General Birendra Saraf told the court that permission for the protest was granted only till August 29.
Jarange and his supporters have violated every single condition and undertaking, he argued.
The bench said Jarange's undertaking to the police that he would abide by all conditions laid down in the rules for public gathering, agitation and protest was merely a "lip service".
"We can see how peaceful the protest is. The high court building is surrounded. The entry gates for the judges and lawyers are blocked. The cars of high court judges were blocked today and prevented from coming to court today. The entire city has been blocked," it said.
If Jarange's statement that lakhs of more such protesters will come in, then how does the state government plan to deal with the situation, the court asked.
"He has said he will go on a fast till death and will not leave Mumbai till his demands are met. He (Jarange) is giving a clear threat. Why is the state government not getting the roads cleared? As per the assurance given by Jarange, life in Mumbai will not come to standstill. Every assurance is violated," the bench said.
"Why are the protesters not sitting only at Azad Maidan and loitering everywhere else, the court sought to know. "We want normalcy. Protesters are bathing and cooking and defecating on the streets," the HC said.
Earlier in the day, doctors examined the health of Jarange, who launched his hunger strike on Friday.
The activist accused CM Fadnavis of deliberately delaying a decision on the issue.
"It is so easy to take a decision (on providing quota to Marathas). The government has to just say it is implementing Hyderabad, Satara and other gazetteers and declare all Marathas in Marathwada as Kunbis. The distribution of such certificates can be done by district collectors and tehsildars," Jarange claimed. PTI SP MR DC ND KK SPK VT ARU GK NSK BNM RSY