No Reason To Disallow Procession On Tipu Sultan's Birth Anniversary: Bombay High Court

The Bombay High Court on Thursday asked the Maharashtra government if there was any ban on celebrating the birth anniversary of Mysore King Tipu Sultan.

A division bench of Justices Revati Mohite-Dere and Shivkumar Dige made the query while hearing a plea filed by one Faiyaz Shaikh, the Pune President of All India Majlis-e-Ittehadul Muslimeen (AIMIM) party, who sought to carry out a rally to coommerate the birth anniversary of Bharat Ratna Maulana Azad and Tipu Sultan along with the Constitution Day.

However, the Pune Rural Police refused to grant them permission to celebrate Tipu Sultan's birth anniversary, in particular, and asked Shaikh to celebrate the same at his private place and not in a public place by carrying out a rally. The Police contended that it has received letters from "other community" stating that they will create a law and order situation, if such rally is permitted.

At this, Justice Mohite-Dere asked, "Is there a ban to celebrate the birth anniversary of Tipu Sultan?"

At this, Additional Public Prosecutor Kranti Hivrale answered in the negative but cited the "law and order" situation, that may arise if such a rally was permitted.

The judges, however, explained that the law and order is the prerogative of the police and no one else can look after that.

"We understand if the rally cannot be permitted in a particular area citing law and order. But yes, you can anyways, ask them to change the route. If they commit any offence, you are free to lodge FIR," Justice Mohite-Dere explained.

Since APP Hivrale sought time, the judges, asked Pankaj Deshmukh, the Superintendent of Police (SP) (Rural), to remain present before the court, virtually.

Accordingly, Deshmukh appeared before the court and informed that the only objection is for the rally for celebrating Tipu Sultan's birth anniversary.

The judges, pointed out that the permission sought is not for Tipu Sultan's anniversary alone but also for celebrating Constitution Day and the birth anniversary of Bharat Ratna Maulana Azad.

"You decide the route for them but you cannot ask them to celebrate it at their own place. There is no reason why they cannot be allowed to take out the procession. Law and order cannot be a ground for denying them the permission. If they use any derogatory language or commit some offence, you are free to file case against them," Justice Mohite-Dere made it clear.

The bench, eventually, adjourned the hearing till Tuesday (December 17) for the petitioner to personally meet SP Deshmukh and decide on a proper area, where the rally could be carried out.