HC allows CPI(M) to hold ‘peaceful assembly' to ‘express thoughts' on Gaza
"
The State govt through additional public prosecutor Shreekant Gavand informed a bench headed by Justice R V Ghuge that it would permit the assembly at Azad Maidan which has a designated spot for public meetings, agitations and processions under draft rules of the Maharashtra Police Act.
Senior counsel Mihir Desai argued that the Communist Party of India (Marxist) only wanted to meet at the designated protest spot and were not seeking permission to march.
He said the draft rules provide for space at Azad Maidan to assemble peacefully. The court was shown an affidavit filed by deputy police commissioner (Zone 1) in March 2025 indicating the draft rules. The rules stipulate that a protest meeting or assembly can be held between 11 am and 6 pm.
At the hearing, the bench remarked that "peaceful assembly sounds good". "Demonstration sounds more intense," said Justice Ghuge.
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Last month police had denied permission on a plea by the All India Peace and Solidarity Foundation to stage a protest on the Gaza issue at Azad Maidan. The bench had asked Desai how his clients were affected by what was happening "thousands of miles" away. "Be patriots…speak up for causes in our own country," the high court remarked orally.
Desai said democracies worldwide were holding peaceful protests on the issue. "Our country has enough issues.
We don't want anything like this. I am sorry to say, you are all short-sighted… You are looking at issues in Gaza and Palestine. Look at your own country," the court said.
The prosecutor had then opposed the CPI(M) plea on the grounds that permitting the protest may create a law and order situation and a conflict with reference to India's stand on the issue.
After the police rejected the CPI(M) application, the party filed a fresh request before the high court challenging the refusal. It had also issued a statement criticising the court's observations. However, the court had refused to initiate suo motu contempt proceedings.
A bench of Bombay HC Chief Justice Alok Aradhe in March this year had directed the state govt to frame rules to regulate public meetings, agitations, and processions in Mumbai, and implement them in "letter and spirit."
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