Right to protest cannot paralyse daily life in Mumbai: HC

The Bombay High Court on Monday observed that while every citizen has the democratic right to protest the daily routine and public life of Mumbaikars must not be brought to a standstill The courtrsquos remarks came during the hearing of a PIL filed against the ongoing agitation spearheaded by Maratha quota activist Manoj Jarange which has disrupted traffic and civic life across the cityPleas against agitationAmy Foundation among several other petitioners sought urgent intervention citing repeated violations of court orders and the terms of permission granted for the protest Advocate Gunaratna Sadavarte who appeared for a petitioner alleged that Jarangersquos supporters had disregarded every condition imposed rendering the agitation ldquoimproper and unlawfulrdquo Intervention petitions were also filed by other groups raising similar concernsMaratha protesters play cricket at Fort on Sunday The advocate appearing for a petitioner stated in court on Monday that large crowds were blocking crucial junctions PICATUL KAMBLEThe petitions noted that despite the courtrsquos earlier directions the agitation has spread from Azad Maidan to several other areas particularly around Chhatrapati Shivaji Maharaj Terminus CSMT paralysing traffic and inconveniencing thousands of commutersPolice report in courtSenior Inspector Shrikant Adate of Azad Maidan police station appeared before the bench and submitted the policersquos account The governmentrsquos affidavit supported by Advocate General Birendra Saraf stated that Jarange had given written assurances that no indefinite fast would be undertaken and that all rules would be followed However the activist has now launched an indefinite hunger strike directly contradicting his earlier undertakingThe advocate general emphasised that permission had been granted only up to 6 pm but the protesters not only exceeded this limit but also continued activities over the weekend without fresh approval ldquoLoudspeakers were used without permission tents were erected in public spaces and illegal encampments have been documentedrdquo the government told the court while also submitting photographs of tents in restricted areas Asked why the grounds were not cleared after the stipulated deadline lawyers for the petitioners argued that the government had shown undue leniencyCourtrsquos concernsThe bench noted that Jarangersquos affidavit carried his signature with the advocate general clarifying that he always signs using his full name The court asked pointedly why rules on encampments and noise pollution were not enforced strictly especially in sensitive zones such as CSMTMaratha quota supporters play kabaddi at Marine Drive PICATUL KAMBLEldquoPublic life came to a standstill yet assurances were ignoredrdquo Sadavarte argued alleging that the city had been turned into a ldquoplaygroundrdquo with bullock carts and large crowds blocking crucial junctions The court stressed that while the right to protest is fundamental it cannot override the rights of lakhs of citizens to move freely and carry out their daily livesPolitical angleAdding another layer to the controversy Sadavarte alleged that political leaders were fuelling the agitation He claimed that Uddhav Thackeray and Sharad Pawar were supplying resources to the protesters giving the stir a direct political dimension These allegations were strongly contested in court but remained part of the submissions on recordGovernmentrsquos standThe government while defending the policersquos restrained approach reiterated that permission for protests was given only under strict conditions to balance democratic rights with public order ldquoPolice have deliberately avoided the use of force to prevent escalationrdquo the advocate general said but conceded that rules had been ldquodeliberately violatedrdquoHe further stated that the protest march into Mumbai was intentionally timed with the Ganesh festival when the city is already burdened with large gatherings and traffic restrictionsReservation issue separateThe advocate general clarified that the core issue of Maratha reservation is being dealt with independently at the policy level and should not be conflated with the present matter concerning law and order ldquoThis court must examine only the violations of permission and their consequencesrdquo he saidThe road aheadThe bench concluded the dayrsquos hearing by asking the state government to submit a concrete plan to manage the agitation without allowing Mumbairsquos daily life to be held hostage ldquoWhat is your solutionrdquo the judges pressed emphasising that the matter required urgent resolutionThe court has scheduled the next hearing for Tuesday at 3 pm when it is expected to pronounce its decision on the petitions The high courtrsquos ruling is likely to shape not just the immediate handling of Jarangersquos agitation but also the framework for how mass protests will be managed in Mumbairsquos already strained civic environment