‘Be patriots, raise issues of our country’: Bombay HC rejects CPI(M)’s ‘untenable’ plea to hold protests against Gaza ‘genocide’

The bench said that petitioner CPI(M) had no locus standi to challenge the police decision as it was not an applicant seeking permission for the protest.

On June 17, police had rejected an application of the All India Peace and Solidarity Foundation (AIPSF) to stage a protest on the Gaza issue at south Mumbai’s Azad Maidan, which is a designated site for protests and rallies.

Justice Ghuge said the CPI (M) is registered in India and it could take up issues like pollution, garbage dumping, flooding, illegal parking and drainage, among others. He said, “You are not protesting on those but on something happening thousands of miles outside the country. Why aren’t you protesting on such issues?”

Senior advocate Mihir Desai, representing the CPI (M), submitted before the bench, which also comprised Justice Gautam Ankhad, that police rejected the application on the ground that the protest was against the country’s foreign policy, and therefore it will create law and order situation. He argued that citizens have the right to demonstrate at a place earmarked for protests even if it was against foreign policy, and the request could not have been denied on the ground of law and order situation.

However, the state government’s counsel said police had received objections to the proposed protest, and taking law and order situation into consideration, the authorities denied permission.

Justice Ghuge said the petitioner’s stand differed from the foreign policy, and the issue should be left to the External Affairs Ministry.

The bench then dismissed the “untenable” plea on the ground of locus of the petitioner.

Later in the day, the CPI(M) politburo, while “condemning” the observations of the bench, said in a statement: “While doing so, the court went to the extent of calling into question the patriotism of the party. Ironically, the bench appears to be unaware of either the provisions of the Constitution, which enshrines the rights of a political party, or the history of our country and our people’s solidarity with the Palestinians… The observations smack of distinct political bias in line with the central government.”