The court urged that normalcy be restored in the city and granted Jarange and his supporters time until Tuesday noon to vacate all the streets. Jarange, who began his hunger strike at Azad Maidan in South Mumbai on August 29, is demanding a 10 per cent reservation for the Maratha community in government jobs
"The situation is grim and the city of Mumbai has been practically brought to a standstill," the court said. PIC/ SHADAB KHAN
The Bombay High Court (HC) on Monday observed that Mumbai has been brought to a standstill by the ongoing Maratha morcha led by activist Manoj Jarange, noting that the protest has neither remained peaceful nor adhered to the conditions set earlier.
The court urged that normalcy be restored in the city and granted Jarange and his supporters time until Tuesday noon to vacate all streets and rectify the situation, reported news agency PTI.
Jarange, who began his hunger strike at Azad Maidan in South Mumbai on August 29, is demanding a 10 per cent reservation for the Maratha community in government jobs and education under the Other Backward Classes (OBC) category.
He stopped drinking water from Monday, his supporters claimed, according to PTI.
A bench of Justices Ravindra Ghuge and Gautam Ankhad, in a special hearing, said the protesters have not remained at Azad Maidan, the designated place for the agitation, and blocked several vital areas in South Mumbai.
"The situation is grim and the city of Mumbai has been practically brought to a standstill," the court said, according to PTI.
The protestors have gathered at vital places such as the Chhatrapati Shivaji Maharaj Terminus (CSMT) and Churchgate railway stations, the Marine Drive promenade and even the HC building, it said.
The court noted the agitation was not peaceful and that Jarange and the other protesters had violated each and every condition laid down by authorities when permission was granted to hold a peaceful protest at the Azad Maidan.
"We are allowing Jarange and his supporters to rectify the situation immediately and ensure the streets are vacated and cleaned up by Tuesday noon," the bench said.
The court further stated that as Jarange and his supporters have prima facie violated the conditions and considering they do not have valid permission to continue the protest, it expects the state government to follow the due procedure laid down in law by initiating appropriate steps.
The government shall also ensure that no more protesters, as claimed by Jarange, shall enter the city henceforth, it said.
The bench, while posting the matter for further hearing on Tuesday, said if by then Jarange's health worsens, then the government shall administer medical assistance to him.
Advocate General Birendra Saraf told the court that permission for the protest at Azad Maidan was granted only till August 29.
Jarange and his supporters have violated every single condition and undertaking, he added.
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.
As Jarange had warned that lakhs of more such protesters will come in, how does the state government plan to deal with the situation, the court questioned.
"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 a 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. Protestors are bathing and cooking and defecating on the streets," the HC said, adding that it was also worried about Jarange, who has been staging an indefinite hunger strike.
The bench further stated that while every citizen has the right to protest, it has to be done in a peaceful manner and within permissible limits.
The HC reiterated the order passed on August 26, which ruled that any protest held has to be done while strictly abiding by the rules.
When the court questioned how the government plans to tackle the situation, Saraf said the government and police had to strike a balance in the situation, considering the ongoing Ganpati festival.
"Exercise of brutal police force would be easy, but the consequence of the same would be bad. We need to manage a delicate balance between the protesters and citizens on the road," Saraf said.
The high court has been on holiday since August 27 for the Ganesh festival and is to resume on Tuesday.
The bench took up for hearing the issue after several petitions were filed raising concerns over the protests going out of hand and bringing the city to a standstill.
(With PTI inputs)
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