Bombay High Court raps Maratha quota protestors for bringing city to standstill

The Bombay High Court on Monday criticised the ongoing Maratha quota protests in Mumbai led by activist Manoj Jarange Patil and ordered that all protestors must vacate the city's streets by Tuesday noon [Amy Foundation v State of Maharashtra].

A special bench of Justice Ravindra Ghuge and Gautam Ankhad  observed that the city cannot be brought to a standstill and held that the protest had gone beyond the limits of peaceful demonstration, violating both prior court orders and the permissions granted by the authorities. 

"Since we are informed by the imminent necessity of life of common man In Mumbai that needs to be restored to normalcy and city should not be brought to standstill during Ganpati and at all times. We give an opportunity to respondents 5 to 9 (organisers of protest) immediately rectify and cleaned up, all such places except the designated place by tomorrow noon," the Court said.

The Court also noted that the protests had not remained peaceful and were in fact, prima facie in violation of the court's August 26 order, which required protestors to obtain permission and confine the demonstration to a designated area (Azad Maidan). 

Jarange has been on a hunger strike since Friday demanding 10 percent reservation for Marathas as Kunbis under the Other Backward Category (OBC)

“The city cannot be brought to a standstill,” the Court said, while pointing to clear evidence that the protestors had moved well beyond Azad Maidan and blocked key public roads. 

The Court also took note of several black-and-white and colour photographs, along with Monday’s edition of The Times of India, which showed that protestors had blocked major parts of South Mumbai, including CSMT, Marine Drive, Flora Fountain (located directly in front of the High Court), Mantralaya and the area around Oval Maidan. 

Protestors were seen cooking on the streets, playing games like kabaddi and tug of war, dancing and even bathing on public roads, the bench observed.

"They are right outside the High Court. They are blocking entry to lawyers, judges. You boasted yesterday that more people will come. How do we deal with a person who is refusing to obey the law," it remarked

Maharashtra Advocate General (AG) Birendra Saraf, appearing for the State, informed the Court that the protests had severely impacted schools and colleges in the Fort and Azad Maidan areas.

He argued that the protestors had grossly violated the terms of the original permission, which limited participation to 5,000 people and allowed protests only at Azad Maidan from 9 AM to 6 PM. 

He clarified that the permission granted on August 27 was extended only till August 29 and not beyond.

He also submitted that both Jarange and another key protestor were served notices on August 31 stating that they were in violation of the conditions and the court order. 

However, they refused to acknowledge the notices and returned the papers, the AG said.

The counsel appearing for the protestors also did not dispute the photographic evidence or the claim that the protest had effectively paralysed the city. 

They also acknowledged that the protestors had deviated from the designated area and asked for accommodations be made for the large number of protesters pouring into the city. 

One of the lawyers also said that he would make a bonafide effort to convince Jarange and the protestors to vacate the roads but clarified that many of the protestors were acting independently and were beyond Jarange's control.

He further submitted that protestors faced challenges such as power outages, stalled food trucks and lack of access to public toilets. 

However, the State maintained that all required facilities were available and that these claims were either exaggerated or unfounded.

The Court held that the organisers prima facie violated both the permission granted and the Court’s earlier directions. 

In its order, the Court directed that all protestors, except those at Azad Maidan, must vacate public streets and areas by Tuesday forenoon.

It further ordered the State to prevent the entry of new protestors into the city until further notice and instructed authorities to take action at entry points to ensure compliance.

However, the Court permitted the continued provision of food packets and medical aid to protestors at Azad Maidan.

It also directed that Manoj Jarange be provided adequate medical assistance in case his health deteriorates due to his hunger strike.

“We hope and trust that good counsel will prevail upon the protestors and they will obey the directions of this Court,” the Court added.