Will allow CPI(M) to hold ‘peaceful assembly' against Gaza ‘genocide' on August 20: Mumbai police to HC
Appearing for the CPI(M), Senior Advocate Mihir Desai submitted that as the police have granted permission to hold the assembly, it would be organised between 3 and 6 pm on August 20. Desai also submitted that the CPI-M will 'strictly' follow the prohibitions and responsibilities prescribed for organisers under the draft regulations of Public Meetings, Agitations and Processions Rules, 2025, proposed under the Maharashtra Police Act, 1951.
On July 25, a division bench of Justices Ravindra V Ghuge and Gautam Ankhad dismissed a plea by the CPI (M) seeking direction from the court to allow peaceful protest at Azad Maidan on the Gaza issue. The bench noted that the petitioner had no locus standi (legal standing) to challenge the decision of the police, as it was not an applicant seeking permission for protest.
The Mumbai police on July 17 rejected the application of All India Peace and Solidarity Foundation (AIPSF) to stage a protest on the Gaza issue.
Justice Ghuge orally remarked that instead of being 'short-sighted', the petitioner should focus on issues in India. 'Look at your own country. Be patriots. This is not patriotism.. Speak up for the causes in our own country.'
However, after filing the earlier petition on July 10, the CPI (M) made an application on July 19 to the Mumbai police seeking permission to hold a protest meeting, and it was pending when the HC passed an order on July 25.
Justice Ghuge-led bench noted that the Mumbai police should decide upon the pending application by the CPI (M) on merits, and the same be communicated to the party. After the police rejected the CPI(M)'s application, the party filed a fresh petition before the High Court challenging the refusal.
On Tuesday, Additional Public Prosecutor S V Gaand, on specific instructions, submitted before a bench led by Justice Ghuge that statutory authority would allow the CPI (M) to hold a peaceful assembly on August 20, and it will have to follow the prescribed rules. After Desai, for the petitioner, said it will strictly follow the rules for such assemblies, the HC disposed of the plea.
Another bench of HC led by Chief Justice Alok Aradhe in March this year directed the state government to notify rules to regulate public meetings, agitations, and processions in Mumbai, and implement them in 'letter and spirit.'
Mumbai police commissioner prepared the draft rules as per court directives under Section 33 (power to make rules for regulation of traffic and for preservation of order in a public place) of the 1951 Act, and provided for peaceful protests without affecting law and order to be held at the designated area of Azad Maidan.
As per draft regulations, part of Azad Maidan opposite the Brihanmumbai Municipal Corporation (BMC) headquarters has been identified for conducting sit-ins, agitations, gatherings, meetings, protests, and morchas, and no such activity will be allowed in the South Mumbai area.
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