Be patriots: Bombay High Court rejects plea by CPI(M) for permission to hold rally against Gaza genocide

The Bombay High Court on Friday dismissed a petition filed by the Communist Party of India (Marxist) challenging the Mumbai Police’s refusal to grant permission for a protest at Azad Maidan against the alleged genocide in Gaza.

A Bench of Justices Ravindra Ghuge and Gautam Ankhad, while rejecting the petition, observed that instead of focusing on issues thousands of miles away, the party should concentrate on problems affecting India.

“Our country has enough issues. We don't want anything like this. I an sorry to say, you are all short-sighted. You are looking at issues in Gaza and Palestine. Look at your own country. Be patriots. This is not patriotism. People say they are patriots,” the Court remarked

The Court further suggested that the party should take up local civic concerns such as garbage dumping, pollution, drainage, and flooding.

“You are an organisation registered in India. If you could take up issues like garbage dumping, pollution, sewerage, flooding. We are just giving examples. You are not protesting on those but on something happening thousands of miles outside the country,” the Bench said.

The Court also noted that the foreign policy of the country differs from the stance taken by the party and warned of the potential diplomatic consequences of such protests.

“You don’t know the dust it could kick up.. getting on to the Palestine side or the Israel side. Why do you want to do this? It’s obvious, going by the party you represent that you don’t understand what this could do to the foreign affairs of the country,” the Bench cautioned.

The Mumbai Police had on June 17 rejected an application filed by the All India Solidarity Organisation to stage a protest at Azad Maidan against the genocide in Gaza, citing concerns over India’s foreign policy.

The CPI(M) challenged this rejection before the High Court.

Senior Advocate Mihir Desai, appearing for CPI(M), argued that the police had rejected the application on two main grounds - that the protest was against India’s foreign policy and that it could lead to a law and order problem.

He contended that even if the protest went against foreign policy, citizens have the right to demonstrate at a designated spot, and the possibility of a law and order situation could not be used as a reason to deny that right, as affirmed by several Supreme Court judgments.

In response, the Additional Public Prosecutor, representing the State, said the police had received objections to the proposed protest and anticipated potential law and order issues if permission was granted.

The Court today said that the party had no locus to challenge the order since it was not the applicant before the Mumbai Police.

Hence, it rejected the petition.

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