Maratha reservation agitation: Bombay High Court says citizens have right to peaceful protest

The Aurangabad Bench of the Bombay High Court Wednesday urged citizens and the Maharashtra government to ensure that the law and order is maintained within the State during the ongoing agitation seeking reservation for the Maratha community in education and employment sectors [Nilesh Shinde v. State of Maharashtra & Ors.].A division bench of Chief Justice Devendra Kumar Upadhyaya and Justice Arun Pednekar said that while protecting the right of every individual or group of persons to express aspirations, it is also the duty of the State to maintain law and order and peace and tranquility in the society.“No protest or agitation being carried out for whatever reason can be permitted to assume the character of causing any law and order situation. Every individual or group of persons has got fundamental right to protest, however, it should necessarily be by peaceful means and if there is any breach of the same, it is the bounden duty of the State to prevent such breach,” the Court observed. It was hearing a public interest litigation petition seeking directions to the Maharashtra government to maintain law and order in the State and provide medical help to the agitators wherever required..The petitioner Nilesh Shinde told the Court that there were protests taking place by sections of people for reservation in the education and employment sectors. They were resorting to strong measures such as dharnas and hunger strikes and the health of protestors was collectively deteriorating, it was submitted. Hence, they should be given medical aid, he requested. Meanwhile, other sections of the society with conflicting aspirations and interests were also posing threats to the law and order situation, it was contended. .Advocate Mahesh Deshmukh for the petitioner claimed that the incidents had been happening for the last 2 weeks which showed the lack of efforts by the State. Advocate General Dr Birendra Saraf with Advocate Chirag Shah representing the State government, assured the Court that the State was equally keen on the health and well-being of all and was trying its best to ensure that the law and order situation is maintained.He said that the State was undertaking efforts to prevent any untoward incident..The Court opined that considering Saraf’s statement, it had no reason to doubt that authorities will take appropriate action to maintain the law and order in the State. “Having regard to the statement made by the learned Advocate General before the Court, we have no reason to believe that the State authorities shall not take appropriate action which may be warranted under law, not only to maintain peace, tranquility and the law and order but also to take care of health and well being of all,” the Court held..The bench also urged the protestors and agitators not to indulge in any kind of activities that may pose any threat to peace and order.The matter will be heard again on October 11..[Read order]