Maratha quota activist cannot hold protest without prior permission of authorities: Bombay HC

Mumbai: Noting that public places cannot be occupied indefinitely, the Bombay High Court on Tuesday said Maratha quota activist Manoj Jarange cannot hold a protest without prior permission from authorities and cited the law and order situation in Mumbai during the Ganesh festival.

A bench of Chief Justice Alok Aradhe and Justice Sandeep Marne said that while democracy and dissent go hand in hand, demonstrations should be held only at designated places.

The bench said the government can take a call on whether to offer an alternative place at Kharghar in Navi Mumbai to the respondent (Jarange) to hold a peaceful protest so that the tempo of life in Mumbai is not disturbed.

Jarange has given the Maharashtra government an ultimatum till Tuesday to grant a 10 per cent quota to the Maratha community under the Other Backward Classes (OBC) grouping, failing which he will march to Mumbai with Maratha supporters and sit on an indefinite fast on August 29.

The court said peaceful protests can be undertaken after permission is sought under the new rules for public gatherings and agitations.

The respondents (Jarange and his associates) are at liberty to file an application seeking such permission from the concerned authorities, the bench said, adding it would then be open for the government to decide the same as per provisions of law.

"It would also be open for the government to offer an alternate place at Khargar in Navi Mumbai to the respondent to hold their peaceful protest so that the tempo of life in the city of Mumbai is not hampered," the bench said, noting that public places cannot be occupied for an indefinite period.

Democracy and dissent go hand in hand, but demonstration has to be in designated places where such a protest can be held, it added.

The court noted that police would be busy with the law and order situation of the city during the Ganesh Chaturthi festival, which commences on Wednesday.

The high court was responding to a PIL filed by the Amy Foundation challenging the proposed agitation.

Advocate General Birendra Saraf submitted to the court that while the state does not dispute the right of a citizen to stage peaceful protests, however, the same should not be in a way that would bring the city to a standstill.

During the Ganesh Chaturthi festival, the police force is extremely burdened with arrangements for law and order, and assembly of large numbers of people would be a big strain and cause grave inconvenience, he said.

The bench issued a notice to Jarange seeking his response to the petition and posted the matter for further hearing on September 9.