HC pulls up Jarange and state for protest mess
MUMBAI, Sept. 3 -- The Bombay High Court on Tuesday pulled up Maratha quota activist Manoj Jarange-Patil and the Maharashtra government for not complying with its orders and vacating Azad Maidan of tens of thousands of protesters by Tuesday noon.
A bench of acting chief justice Sree Chandrashekhar and justice Aarti Sathe held Jarange-Patil responsible for instigating and abetting more people to come for the protest at the south Mumbai ground than the allowed 5,000.
It also expressed its unhappiness with the state government due to the inconvenience caused to Mumbai residents since the protest started on Friday, asking why the authorities hadn't implemented the court's orders and forcibly vacated the area.
The bench warned that it would go to any extent to "uphold the majesty of law" if the ground was not cleared, but then adjourned the matter till Wednesday, thereby giving Jarange-Patil and his supporters more time to vacate.
By Tuesday evening, though, Jarange-Patil declared victory after the Maharashtra government's cabinet sub-committee on the Maratha quota issue accepted most of his demands.
The bench was hearing a public interest litigation filed by the Amy Foundation, an NGO dedicated to protecting public welfare and safety, after Jarange-Patil and his followers allegedly violated several conditions and undertakings submitted to conduct a "peaceful protest at Azad Maidan with 5,000 supporters".
"The respondent, who is said to be the man behind this rally, may be held responsible for instigating and abetting the people to come to the city beyond 5,000," the bench said, after Jarange-Patil's indefinite hunger strike entered its fifth day on Tuesday. The activist was demanding reservation for Marathas in the Other Backward Classes (OBC) category.
Jarange-Patil reached Mumbai on Friday with around 25,000 supporters from across the state. The protest at Azad Maidan led to widespread disruption of both road traffic and public transport in south Mumbai, along with isolated incidents of violence in the city.
Senior advocate Satish Maneshinde, representing Jarange-Patil and his associates, apologised to the court for the misbehaviour of some protesters on the streets of Mumbai, adding that they had been instructed to maintain law and order since the first day of the protest. He contended that an application for the protest was submitted one month in advance, but the authorities failed to make arrangements for toilets, parking and other facilities.
The court, however, raised concerns over the inaction of the organisers and the state government over the security lapse in the city, rendering the local residents vulnerable to disruption of essential services and instilling fear in their minds. "How many students could not attend school, or patients could not reach the hospital? It can't be like this. There was considerable fear in the minds of the public. They could not come out of their houses," the court remarked.
Stressing that it was a very serious matter, the bench emphasised that violators of the law have no rights and need to vacate the city immediately. "This is completely illegal. Further, we could not find a single patrol vehicle or mobile van on the streets. Where is the security of the citizens? If action is not taken, we will take strict action," the bench said, adding that it may impose fines or issue a contempt notice against the organisers and the state for not complying with the court's orders.
Referring to the court's permission for the protest to be held only for 24 hours, the bench asked Jarange-Patil to instruct all protesters beyond the permissible limit to leave the site.
Replying to this, advocate Maneshinde said it would be difficult to move the protesters to some other place. However, he assured the court that 90% of the protesters had left and requested the court to adjourn the matter for Wednesday.
Advocate general Birendra Saraf informed the court that the police at the site have put up banners and posters and are making announcements regarding the court's order. He said that the size of the crowd was reduced on Tuesday, but the issue is still persistent.
"We have also served a notice to Mr Jarange and other organisers, pointing out various violations. He is a very influential person and therefore can make a genuine effort in asking his supporters to leave the city," Saraf said.
Referring to the state government's arguments, the court questioned whether the police were relying on Jarange-Patil's popularity to vacate the site. "Why can't you implement our orders? It is your duty. Why didn't you come to court pointing out that participants have increased from 5,000 to more than a lakh? We will have to pass orders against you, too. You could have vacated the area forcefully. This is a very serious issue, and we are very unhappy with your conduct," the court said.
Adjourning the matter for Wednesday, the bench stated that any breach of the order passed by the court would not be tolerated....
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