Maratha quota protestors at CSMT Railway Station. (Express Photo/Sankhadeep Banerjee)
Observing that Maratha quota activist Manoj Jarange Patil and other protesters have “prima facie violated conditions of permissions” granted to them for their agitation at Azad Maidan in Mumbai, the Bombay High Court on Monday allowed them an opportunity to rectify the situation and clear the streets by forenoon on Tuesday.
The special bench of Justices Ravindra V Ghuge and Gautam Ankhad was hearing pleas by NGO Amy Foundation and others, challenging the permission granted for the protest at Azad Maidan. The pleas also alleged violation of the permission and sought urgent hearing before the special bench, claiming that lakhs of people supporting Jarange Patil have flooded Mumbai’s streets and brought the city to a standstill.
“Since it is of imminent necessity that normalcy in life of the common man in Mumbai needs to be restored to normalcy and the city should not be brought to a standstill and more so during Ganpati festival and even at all times since 2025 Rules are in place, we give an opportunity to Jarange Patil and others to immediately rectify the situation and ensure streets are cleaned up, vacated of the occupation by the protesters, which would include all such places which are being occupied until tomorrow by forenoon,” the bench noted on Monday.
The bench said, “…since the protesters do not have valid permission to continue the protest, it would expect the state government to follow due procedure laid down in law for initiating appropriate steps in view of earlier HC order and the Public Meetings, Agitations and Processions Rules, 2025.”
Reacting to the order, Chief Minister Devendra Fadnavis said, “The directives of the Bombay High Court will have to be strictly followed by the administration. The court has also said the permission granted for the protest was with certain riders. But these terms and conditions were violated. Specially, some instances which are going on in the streets invited the court’s disapproval and it accordingly issued some directives. Accordingly, the administration will have to follow the court directions.”
“We have been telling the protesters that solutions can be found through discussions. If there is a delegation we can hold discussions with them. But in its absence who should we talk to? If you insist on mike, then this is not done. Yet, if there is any information conveyed through them, we can consider. They have given us one memorandum which is under discussion. The state government cannot display highhandedness, nor does it hold any ego. Therefore, we are working to find a way out in the given situation. If anybody comes forward for discussions it will help to resolve the problem at the earliest,” he added.
Meanwhile, Jarange Patil said he and his followers would abide by the court’s decision and urged his supporters to show restraint.
“We are confident that the court will give us justice, and we remain hopeful. We will abide by the court orders,” Jarange Patil said as he asked his supporters to “make sure Mumbaikars are not troubled. Don’t park vehicles on the roads, don’t protest on the streets”.
Urging his supporters not to engage in any activity that could defame the community, he said, “If you do not want to listen to me, then go back to your village, but do not bring disrepute to the community. I am fighting for its welfare, but your actions could tarnish our reputation.”
On August 26, a HC bench led by then Chief Justice Alok Aradhe (now Supreme Court judge) said Jarange Patil and his associates shall not stage any protest at Azad Maidan till they seek and obtain permission under the 2025 Rules. The HC had then said it was open to the activists to move an application seeking permission to hold protests in a peaceful manner as per rules seeking Kunbi certificates for Marathas for reservation under the OBC category.
The HC on Monday asked the lawyers representing the protesters to convince Jarange Patil to ensure that agitators exceeding 5,000 should vacate the streets and Mumbai city, and ensure protests with only 5,000 people at Azad Maidan after obtaining permission based on fresh applications to the competent authorities.
“We hope and trust that good counsel will prevail upon Jarange and others and they will obey the directions of this court’s August 26 order, (under the) 2025 rules and our above directions until tomorrow (September 2),” it said.
The HC added, “If there are further protesters who desire to enter the city as conveyed to us by Advocate General Birendra Saraf and other lawyers that they would come in lakhs, we direct the state government to initiate steps to prevent entry of such protesters from such entry points as may be relevant for complying this direction and ensure further protesters do not enter the city until further orders from this court, and/or order state government may pass under 2025 Rules”.
The HC said to ensure compliance of its directions, it allowed “medical assistance to all protesters and food packets (to) be offered to them, provided all of them assemble in Azad Maidan subject to further orders.”
It also ordered that “if the health parameters of Jarange Patil create any medical situation or deterioration of health, the state government would ensure he is given adequate medical assistance.”
Advocate General Saraf for the state government submitted that schools and colleges were hampered as movement of students has become nearly impossible. He said permission was given for only one day under the 2025 Rules for only 5,000 demonstrators at Azad Maidan from 9 am to 6 pm, and they were required to vacate immediately thereafter. Moreover, he said, hunger fast permission was denied and permission for the protest was not extended after August 29. Saraf argued the protesters have violated the permission terms and rules, which was communicated to the organisers, as police tried to “balance the situation”, however; the same was not acknowledged.
Court says Mumbai literally paralysed, HC virtually under siege, normalcy needed
The court took cognisance of news reports and photographs produced before it depicting a “grim situation” bringing Mumbai city “practically to a standstill”, and noted that protesters were seen cooking, bathing and playing various games on streets. The HC found that “the city of Mumbai is literally paralysed”. It said it was “undisputed” that “the areas in the precincts of Chhatrapati Shivaji Maharaj Terminus (CSMT), Brihanmumbai Municipal Corporation (BMC), Flora Fountain (Hutatma Chowk), P D’mello Road, Oval Maidan, Mantralaya, Marine Drive etc were flooded with protesters and had been blocked”.
The bench also noted that the HC was “virtually under a siege” due to slogan-shouting and blockade by protesters near the premises before and during the hearing, which began around 1 30 pm and went until 4 pm.
Posting further hearing before the regular bench on Tuesday, Justice Ghuge orally remarked, “You (protesters) had undertaken not bringing Mumbai to a standstill, occupy roads and affect public life, but that is what has been happening. What happens if tomorrow schools and colleges and employees in the private and public sector get affected and vegetables and milk are not transported to Mumbai? The protesters are also blocking entries for HC… Not for a second anyone will be against peaceful agitation in accordance with law. We want normalcy. We are also worried about the person who is fasting. We want the best things to happen.”
The cabinet sub-committee headed by senior minister Radhakrishna Vikhe Patil that prepared a draft proposal to implement the Hyderabad Gazette for extending quota benefits to Marathas said the proposal need to withstand legal scrutiny. Vikhe Patil appealed to the demonstrators to confine their agitation to Azad Maidan. “If anyone is trying to malign the Maratha community under the garb of protest, action will be taken,” he warned.
The minister also referred to incidents involving woman journalists, cautioning that “outsiders” might be attempting to discredit the movement. He reiterated that past court rulings on reservations would guide the government in framing a final solution.