Right to protest cannot paralyse daily life in Mumbai: HC

Quota activists continue to block the road outside CSMT well into the night on Monday. Pic/Shadab Khan

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 court's 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 city.

Pleas against agitation

Amy 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 Jarange's supporters had disregarded every condition imposed, rendering the agitation "improper and unlawful." Intervention petitions were also filed by other groups raising similar concerns.

Maratha 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. PIC/ATUL KAMBLE

The petitions noted that despite the court's 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 commuters.

Police report in court

Senior Inspector Shrikant Adate of Azad Maidan police station appeared before the bench and submitted the police's account. The government's 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 undertaking.

The 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. "Loudspeakers were used without permission, tents were erected in public spaces, and illegal encampments have been documented," 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 leniency.

Court's concerns

The bench noted that Jarange's 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 CSMT.

Maratha quota supporters play kabaddi at Marine Drive. PIC/ATUL KAMBLE

"Public life came to a standstill, yet assurances were ignored," Sadavarte argued, alleging that the city had been turned into a "playground" 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 lives.

Political angle

Adding 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 record.

Government's stand

The government, while defending the police's restrained approach, reiterated that permission for protests was given only under strict conditions to balance democratic rights with public order. "Police have deliberately avoided the use of force to prevent escalation," the advocate general said, but conceded that rules had been "deliberately violated."

He 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 restrictions.

Reservation issue separate

The 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. "This court must examine only the violations of permission and their consequences," he said.

The road ahead

The bench concluded the day's hearing by asking the state government to submit a concrete plan to manage the agitation without allowing Mumbai's daily life to be held hostage. "What is your solution?" the judges pressed, emphasising that the matter required urgent resolution.

The court has scheduled the next hearing for Tuesday at 3 pm, when it is expected to pronounce its decision on the petitions. The high court's ruling is likely to shape not just the immediate handling of Jarange's agitation but also the framework for how mass protests will be managed in Mumbai's already strained civic environment.