Bombay HC Shuns Maharashtra Govt's 'Law & Order' Excuse, Paves Way For AIMIM Rally In Pune To Celebrate Tipu Sultan's Birth Anniversary

The Maharashtra government on Tuesday told the Bombay High Court that it has permitted the All India Majlis-e-Ittehadul Muslimeen (AIMIM) to carry out a rally in Pune's Baramati area to commemorate the Constitution Day and also to celebrate the birth anniversaries of Bharat Ratna Maulana Azad and Tipu Sultan on December 24.

A division bench of Justices Revati Mohite-Dere and Prithviraj Chavan while accepting the statement, refused to quash a notice issued under section 149 of the Criminal Procedure Code (CrPC), which clearly mandates that the procession should not stop nearby any religious place, particularly temple in this case. The judges, however, pulled up the State Police for always citing 'law and order situation' in such cases.

"Change you mindset. What is this law and order situation may arise? Whose prerogative is it? You are anticipating something you take a call. Even during Haji Ali (women's entry in sanctum sanctorum) matter you said law and order. Also in that Mira-Bhayander matter (rally after communal violence) you said law and order situation may arise... Every time we do not want to hear law and order situation may arise. It is your domain you look after that," the judges told Chief Public Prosecutor Hiten Venegavkar, while disposing of the petition.

The judges pointed out to advocate Tapan Thatte that the notice under section 149 is usually issued in every case where once seeks permission to carry out a rally and thus, the petitioner should not claim to be 'singled out.' Notably, Thatte had sought to quash the said notice arguing that it was being done deliberately because his clients wanted to celebrate Tipu Sultan's birth anniversary.

However, Venegavkar and also the bench, pointed out that whatever is stated in the notice in question, is also one of the conditions mentioned in the letter permitting to carry out the rally.

Meanwhile, Thatte pointed out that though the police has permitted his client to proceed with the rally but he is being compelled to knock the doors of the civil authorities, particularly the Municipal Council of Baramati for getting its nod for displaying banners and arches across the area. He add

The judges, objected to this submission and clearly said it will not carve out any exception since this was the same procedure that was followed for all such rallies.

"If the law mandates that a particular permission is mandated, you have to follow that. We cannot make an exception. We can only say that when you apply for permission, the civic body and also the police will have to decide it expeditiously. You may have the right to protest or something but you will also have to follow the rules," the bench said while disposing of the plea.

With these observations, the judges disposed of the petition.

The bench was hearing a petition filed by one Faiyaz Shaikh, the Pune President of AIMIM seeking to carry out a procession to celebrate Constitution Day and the birth anniversaries of Bharat Ratna Maulana Azad and Tipu Sultan. The petitioner urged the bench to keep his petition 'alive' and that the matter can be kept for further hearing to report compliance, however, the judges, disposed of the petition.