Vacate Azad Maidan by 3 pm or face action: HC warns Jarange & his supporters

Mumbai, Sep 2 (PTI) The Bombay High Court on Tuesday directed activist Manoj Jarange and his supporters, who are staging an agitation demanding reservation for the Maratha community, to vacate Azad Maidan here by 3 pm or face action.

The court warned of action, including exemplary cost and contempt action, if Jarange and his supporters do not vacate the place.

A bench of acting Chief Justice Shree Chandrashekhar and Justice Aarti Sathe said it wants complete normalcy restored by 3 pm, and if not, then they, too, will get on the streets.

Jarange and his supporters have violated the law and hence 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 too. There seems to be some lapse on part of the government also," it said.

Senior advocate Satish Maneshinde, appearing for Jarange, tendered an apology for misbehaviour by some of the latter's supporters on the city streets and said the activist has strived from day one to ensure no person is troubled.

He assured the high court that henceforth there shall be no misbehaviour.

The court then asked if Jarange and his supporters have vacated Azad Maidan, where he is staging the indefinite hunger strike from August 29.

"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 said.

The court pointed out that on Monday, several protestors surrounded the HC, 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.

The bench posted the matter for further hearing at 3 pm on Tuesday.

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

The court said the activist and his supporters cannot occupy Azad Maidan illegally in anticipation of an order on his application.

"Ask them to vacate by 3 pm or else we will take all steps as per law. We will impose exemplary costs or we will initiate contempt action. We want complete normalcy by 3 pm, or else we will go out on the streets ourselves," the bench warned.

Maneshinde told the court that Jarange has held several protests in the past, but this time the situation has reached a different stage.

The high court asked the activist and his supporters to take a pragmatic view.

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

The bench then pointed out that permission was only for 5,000 persons at the Azad Maidan, but several thousand protesters have 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 persons have swarmed the city of Mumbai, what steps did you take? Did you ask them to leave Mumbai?" the court asked.

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

Jarange has been staging the indefinite hunger strike at the Azad Maidan in south Mumbai for five days over his demand for a 10 per cent quota for Marathas under the OBC grouping, and has said he would not leave Mumbai till his demands are met by the government.

On Monday, the high court said the protest was not peaceful and Jarange and his supporters had violated all the conditions imposed on them by the authorities when he was granted permission to hold the agitation at the Azad Maidan.

The HC had then given an opportunity to Jarange and his supporters to rectify the situation and vacate and clean up the streets blocked and occupied by them by Tuesday noon.

The court had also directed the government and police to take steps in accordance with law against Jarange and his supporters for violation of the conditions.

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