Bombay HC says unhappy with state’s handling of Maratha agitation

The HC then adjourned the hearing on the pleas against the permission granted for protests seeking Kunbi certificates for Marathas for reservation under the OBC category at the designated site in South Mumbai’s Azad Maidan to 1 pm, Wednesday.

It accepted a request made by Jarange Patil and other organisers seeking time to engage in a dialogue with a sub-committee of the Maharashtra Cabinet led by minister Radhakrishna Vikhe Patil

Jarange Patil on Tuesday evening withdrew his agitation after the state government accepted six of eight demands and received the official Government Resolution (GR) related to the same.

“We must indicate that this court would be constrained to pass any orders and to go to any extent to uphold the majesty of the law in as much as any breach of the order passed by this court shall not be tolerated and appropriate action shall be taken against violators,” a bench of Acting Chief Justice (ACJ) Shree Chandrashekhar and Justice Aarti Sathe said, adding that the organisers will have to answer issues raised by the court.

The bench questioned the state  government whether it was not the responsibility and duty of the administration to ensure that court orders are complied with.

Manoj Jarange Patil on Tuesday evening withdrew his agitation after the state government accepted six of eight demands and received the official Government Resolution (GR) related to the same. (Express photo by Ganesh Shirsekhar)

It also questioned why the government could not approach the HC on the second day of protests, which began on August 29, stating that the number of participants had increased beyond 5,000 and reached more than a lakh.

“We will have to pass orders against you (state), too. You could have taken the steps and could have got it vacated forcefully. This is a very serious issue, and we are very unhappy with your conduct. How can we permit violation of our orders?” the bench questioned orally.

Jarange Patil’s appeal

During the pre-lunch session, the HC asked the protesters to comply with court orders, and vacate the protest site after it was informed that the Mumbai police had issued a notice to leave the designated spot at Azad Maidan for flouting the terms and conditions of the permission granted to them.

In the post-lunch session, Senior Advocate Satish Maneshinde, representing the organisers, stated that Jarange Patil appealed to his followers not to break law and order. Maneshinde urged the court to adjourn the hearing so that his client can engage in dialogue with the sub-committee.

The lawyer also submitted that, based on an appeal made by Jarange Patil, those who came to Mumbai to participate in the Maratha quota protest had begun leaving, and most of them had already left the city. Maneshinde also said that several people who came to the city on their own have parked their vehicles at pay-and-park facilities, and they will also leave soon.

The bench also referred to an order by a special bench of Justices Ravindra V Ghuge and Gautam Ankhad, which had directed Maratha quota protesters to vacate all streets in South Mumbai by Tuesday noon. The HC had said that normalcy in Mumbai required to be restored and the city should not be brought to a standstill, more so during Ganpati festival since the Public Meetings, Agitations and Processions Rules, 2025 rules were in place.

The bench noted that as per September 1 order, “no clear stand was coming forth” from Jarange Patil, “who is considered to be the man behind the rally”.

Further citing findings recorded in the HC order of Monday, the bench noted, “We may only indicate that Jarange Patil may be held responsible for instigating and abetting the people to come to the city of Mumbai beyond 5,000. There are several other serious issues involved in this matter. The respondents, Jarange Patil, Virendra Pawar, and the organisation Amaran Uposhan Antarwali Sarati, will have to answer those issues.”

‘Very serious, can’t leave the state like this’

During the pre-lunch hearing, Maneshinde apologised for the inconvenience, and stated that the people who came to Mumbai to protest did not intend to cause any inconvenience to the citizens.

He said that no suitable arrangements for water, toilets, and other facilities were made for the protesters. He said as per court orders, the streets have been cleared and the protesters’ vehicles have also left Mumbai. Maneshinde also said that appropriate steps had been taken to file a fresh application seeking permission to protest at the site.

The bench also referred to the HC order Monday, which noted that the court 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. The bench also noted the difficulty the judge faced in reaching the court on Monday.

“This is very serious, and we can’t leave the state like this. There seems to be some lapse on the part of the state also. It can’t happen. There can’t be a siege of the High Court. You can’t make a High Court judge walk to attend the court, and hold the sitting of the court,” the HC bench orally remarked on Tuesday.