Ensure that routes are changed: Bombay High Court on Ram Navami rallies outside mosques

The Bombay High Court today impressed upon the police to ensure that no law and order issues occur during the Ram Navami rally in the Malad-Malwani area, where a large number of Muslims live [Aftab Siddique v. State of Maharashtra & Ors]..A Bench of Justices Revati Mohite Dere and Manjusha Deshpande made the observation after an apprehension was expressed before it that organisers of the Ram Navami rally deliberately pass through areas where people belonging to the minority community live.The Court was also informed about past speeches given outside mosques during prayer times, like the ones that sparked the Mira Road violence of January 2024. The Malad-Malwani area had witnessed riots during the Ram Navami procession last year as well..The Bench, while addressing Advocate General Dr Birendra Saraf, said,“Ensure that routes are changed. Ultimately, if there is a law and order problem, you'll face problems..."Saraf assured the Bench that the police will be extra-cautious."Ladyship has asked the highest officer and they (police) will exercise their duties responsibly," he said..During the hearing, the Court said that it could not stop any public rally. However, it expressed hope that in the event of a breach of law and order, the police would take immediate action.“We cannot stop any public rally. But we expect your officers will take appropriate action in accordance with law if there is any breach irrespective of political party. In another matter, we had granted permission (to MLA T Raja Singh) to hold the rally in Maharashtra on the assurance of the undertaking that there will not be any breach. Despite that, an FIR had to be lodged. If there is any breach of law, action should be taken. If they don't take action then we will ask police to file an affidavit.".The Court was hearing a petition filed by five residents from Mumbai, including two victims of the Mira Road violence, alleging that no case was registered by the police against Maharashtra BJP MLAs Nitesh Rane and Geeta Jain and Telangana MLA T Raja Singh for alleged hate speeches during the Mira Road violence in January 2024.The petition also highlighted that Rane visited other suburbs like Govandi and Malvani and gave more hate speeches..The Court on April 9 had ordered the police commissioners to personally examine videos of speeches of the leaders and take an appropriate decision after reviewing the same.Saraf today informed the Court that the Commissioners of Police (CPs) of Mumbai and Mira-Bhayander and Vasai-Virar (MBVV) will take a decision within a week as to whether FIRs for hate speech are to be lodged against the concerned leaders..The Court also asked Saraf to personally go through the speeches and advise the Police if required. It added that whenever action is initiated, the same is expected to be taken to its logical end.“If the speaker says something and if it is in breach, then they can take action. If they (organisers and speakers) don't exercise restraint, then law will take its own course,” the Court said.The matter has been posted for hearing to April 23..[Read order].Follow Bar and Bench channel on WhatsAppDownload the Bar and Bench Mobile app for instant access to the latest legal news.