Bombay High Court Won't Block Jarange Patil's Mumbai March, Cites Right to Protest

The Bombay High Court on Friday declined to restrain Manoj Jarange Patil from proceeding with his proposed march to Mumbai, holding that the right to agitate is a right and that the court would not act on speculation.

A bench of Chief Justice Mahesh Chandra Tripathi and Justice Advait Sethna was hearing a petition that sought directions over the "March to Mumbai" call given by Mr. Patil. The court questioned the basis for seeking orders when those concerned had not yet reached Mumbai. "How can we stop someone from agitating or protesting?" the Chief Justice asked.

The petitioner, represented by Advocate Mayur Khandeparkar, submitted that Mr. Patil had said in a video that he would enter Mumbai and continue his protest even if permission were denied. The advocate noted that Mr. Patil was in Jalna district, about 500 km away, and referred to an order passed by the High Court a year ago when persons had allegedly blocked roads in Mumbai.

The bench was unpersuaded by that reliance. "Merely on apprehensions and experiences you cannot say like this. It is for the agencies to look into this," the Chief Justice said, adding that orders cannot be passed on speculation but that the court would look into the matter if a situation arose.

"They know this is democracy. How can we stop someone from agitating or protesting? Why should we pass orders based on your speculations and apprehensions and make observations?" the Chief Justice observed. The court said it could only issue notice at this stage and was not inclined to entertain a petition resting on speculation. It declined to make observations on the earlier order, noting that it had been passed because the situation then warranted it, while no such situation existed at present. "Even he is a person. Right to agitate is a right," the Chief Justice said.

Maharashtra Advocate General Dr. Milind Sathe told the court that the Ganesh festival would begin on September 14 and that the State had not granted permission for the protest. Asked to clarify whether the government had the capability to handle a situation if one arose, the Advocate General said a protest cannot take place without permission and that the government would take care of the situation.

The Chief Justice responded that nothing should be expected unless a situation arose, and that a protest or rally must be held in accordance with law. "If the State has no capability, High Court has the capability to," he said.

The court issued notice on the plea and directed the State to provide healthcare to Mr. Patil so that nothing happens to him on account of the strike.