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The Hindu
5 days ago
- Politics
- The Hindu
Bombay High Court says ‘No' to contempt proceedings against CPI(M)
The Bombay High Court on Monday (August 4, 2025) refused to initiate suo motu contempt proceedings against the Communist Party of India (Marxist) for publicly criticising the court's recent observations while rejecting its plea to hold a protest in support of Gaza. On July 25, 2025, a Division Bench comprising Justices Ravindra Ghuge and Gautam Ankhad dismissed a petition filed by the CPI(M) challenging the Mumbai Police's decision to deny permission for a protest at Azad Maidan against the ongoing conflict in Gaza. The court observed that the Indian political organisations should prioritise domestic issues over international conflicts. The Bench pulled up the petitioners for focusing on matters outside the country and said, 'Our country has enough issues to deal with. We do not want anything like this. I am sorry to say that you are short-sighted. You are looking at Gaza and Palestine while neglecting what is happening here. Why don't you do something for your own country? Look at your own country. Be patriots. People say they are patriots, but this is not patriotism. Show patriotism for the citizens of our own country first,' the Bench remarked sharply during the hearing. Senior advocate Mihir Desai, appearing for the CPI(M), told the Bench that on June 13, 2025, his client sought permission from the Azad Maidan police to hold a peaceful protest in solidarity with Gaza, calling for a ceasefire. However, on June 17, the police denied the request, citing powers under Section 168 of the Bharatiya Nagrik Suraksha Sanhita (BNSS) and Section 68 of the Maharashtra Police Act, 1951. Mr. Desai argued that political parties had historically raised important issues and organised health and education camps. The court noted that the CPI(M), being a registered political party, should ideally be engaging with local civic concerns. 'You are a registered party in India. Your party could have taken up issues such as garbage dumping, pollution, drainage, or flooding. Why are you not protesting on these issues? We are only giving examples. Instead, you want to protest over something happening thousands of miles away and showing concern for Palestine and Gaza,' the Bench observed. Following the court's observation, the CPI(M) released a press note on July 25, condemning the High Court's 'anti-constitutional' observations. It said, 'The Polit Bureau of the CPI(M) strongly condemns the observations of the Bombay High Court Bench while rejecting an application by the party to challenge the Mumbai Police's refusal to allow a protest action against the ongoing Israeli genocide in Gaza.' The note further said, '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 and their legitimate right to homeland. The observations smack of distinct political bias in line with the Central government.' On Monday (August 4, 2025), senior advocate S.M. Gorwadkar urged the court to take suo motu cognisance of the CPI(M)'s press note as criminal contempt. He argued that the language used by the party was an attempt to attribute motive to the judges and could erode public confidence in the judiciary. He cited previous cases, including the one involving advocate Prashant Bhushan, to support his argument and requested that notice be issued to the Advocate General. Justice Ghuge dismissed the suggestion and noted that the Bench chooses to ignore the press note and that the party has been saying that they have the right to criticise and condemn the court's order, calling it unconstitutional, 'that is their opinion', so let them do that.
The Wire
26-07-2025
- Politics
- The Wire
Bombay HC's Observations Smack of Political Bias in Line With Centre: CPI(M) on Gaza Protest Order
New Delhi: The politbureau of the Communist Party of India (Marxist) has condemned strongly the Bombay high court's July 25 order on the party's petition challenging the Mumbai Police's refusal to grant permission for a protest in solidarity with Palestinians, In a controversial order, the bench of Justices Ravindra Ghuge and Gautam Ankhad said, "You are looking at issues in Gaza and Palestine. Look at your own country. Be patriots. This is not patriotism." "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 and their legitimate right to homeland. The observations smack of distinct political bias in line with the central government," the CPI(M) noted. The party's statement highlighted two observations by the court: 'You don't know the dust it could kick up. Getting on to the Palestine side or the Israel side. Why do you want to do this? It's obvious, going by the party you represent that you don't understand what this could do to the foreign affairs of the country.' and 'You are an organisation registered in India. If you could take up issues like garbage dumping, pollution, sewerage, flooding. We are just giving examples. You are not protesting on those but on something happening thousands of miles outside the country.' The party said that these observations overlook the fact that Mahatma Gandhi in the 40s of the last century, the national movement and subsequent foreign policy of independent India "had not flinched from supporting the cause of Palestinian people's right to freedom and homeland." "It also lays bare the fact that the bench does not realise the unequivocal condemnation globally against Israeli action and the stated positions of the UN bodies and the International Court of Justice," the party said. "We appeal to the freedom and democracy loving people of the country to join us in unambiguously rejecting such a reprehensible attitude," it finally said.
Hindustan Times
26-07-2025
- Politics
- Hindustan Times
Speaking for Gaza ‘not patriotism': Bombay HC refuses permission for protest, says ‘do something for our own country'
MUMBAI: 'Why don't you do something for our own country? Be patriots,' the Bombay High Court said on Friday while dismissing a petition filed by the Communist Party of India (Marxist), seeking permission to hold a 'peaceful protest' at Azad Maidan against the 'genocide in Gaza'. Displaced Palestinians flee from their homes in Gaza amid the ongoing Israeli military offensive.(AP File) Stating that the political party needs to focus on issues in its own country, a division bench of justices Ravindra Ghuge and Gautam Ankhad added, 'Speaking for Gaza and Palestine is not patriotism.' Also read | Gaza starvation peaks, Palestinians stare at 'die hungry or leave territory' The party had approached the high court on July 10, claiming that the Mumbai police had refused it permission to hold a peaceful protest at Azad Maidan to condemn the ongoing genocide in Gaza. According to the petition, some members of the CPI (M), under the banner of All India Peace and Solidarity Organisation (AIPSO), approached the Azad Maidan police station on June 13 to seek permission for the protest. They highlighted that the protest was being organised by representatives of various political parties and civil society organisations. Also read | What UN meet amid grave tragedy in Gaza aims to achieve, and what it might However, the police allegedly denied their request, stating that the protest was regarding an international issue, and various political, social, and religious organisations had raised objections to it, raising concerns of an adverse law and order situation. On June 18, police personnel also visited the homes of certain CPI (M) members who were organising the protests and detained them, the petition said. They were physically prevented from entering Azad Maidan, and around 30 people were detained at the Yellow Gate police station, it added. Senior advocate Mihir Desai, representing the political party, argued that the country's citizens have the right to protest at a designated place. He contended that even if the protest was against the country's foreign policy, the possibility of a law and order situation cannot be used as a reason to deny such rights to the citizens. However, the high court rejected the petition, stating that the political party should focus on its own country rather than on issues thousands of miles away. The latest Israel-Gaza war, which began on October 7, 2023, has resulted in the deaths of over 61,800 people, including approximately 59,866 Palestinians and 1,983 Israelis, according to the Gaza Health Ministry and the Israeli Ministry of Foreign Affairs.
The Hindu
25-07-2025
- Politics
- The Hindu
Look at your own country: Bombay High Court raps CPI(M) over Gaza protest petition
The Bombay High Court on Friday (July 25, 2025) dismissed a petition filed by the Communist Party of India (Marxist) and the CPI challenging the Mumbai Police's decision to deny permission for a protest at Azad Maidan against the ongoing conflict in Gaza. The court observed that the Indian political organisations should prioritise domestic issues over international conflicts. A Division Bench comprising Justices Ravindra Ghuge and Gautam Ankhad pulled up the petitioners for focusing on matters outside the country and said, 'Our country has enough issues to deal with. We do not want anything like this. I am sorry to say that you are short-sighted. You are looking at Gaza and Palestine while neglecting what's happening here. Why don't you do something for your own country? Look at your own country. Be patriots. People say they are patriots, but this is not patriotism. Show patriotism for the citizens of our own country first,' the Bench remarked sharply during the hearing. Senior advocate Mihir Desai representing CPI(M), informed the Bench that on June 13, 2025, his clients submitted an application seeking permission from the Azad Maidan police station to hold a peaceful protest and gathering in Azad Maidan to show solidarity with the people of Gaza, who are currently in the midst of a genocide, by calling for a ceasefire. On June 17, denying permission to the All India Peace and Solidarity Foundation (AIPSF) that police informed them that the permission to protest was being denied in exercise of their powers under Section 168 of the Bharatiya Nagrik Suraksha Sanhita (BNSS) and Section 68 of the Maharashtra Police Act, 1951. Mr. Desai informed the Bench that the political parties have time and again taken up several causes that has concerned India and have been conducting health and education camps. The Court noted that the CPI(M), being a registered as Indian political party, should ideally be engaging with local civic concerns. 'You are a registered party in India. Your party could have taken up issues like garbage dumping, pollution, drainage, or flooding. Why are you not protesting on these issues? We are only giving examples. Instead, you want to protest over something happening thousands of miles away and showing concern for Palestine and Gaza,' the Bench observed. The petitioners stated that the Indian government's stance and support of Palestine as a State, has been an integral part of the nation's foreign policy. In 1974, India became the first Non-Arab State to recognize Palestine Liberation Organisation as the sole and legitimate representative of the Palestinian people. In 1988, India was also one of the first countries to recognize Palestine as a State. In April 2024, India voted in favour of the Human Rights Council Resolution on the Right of the Palestinian people to self-determination. Moreover, India is a State signatory to the Genocide Convention, 1948, and the protest which was held to condemn violence and genocide in Gaza, can in no way termed to be the foreign policy of the India State. Mr. Desai further argued that citizens have a fundamental right to protest at designated places and that disagreements with the government's foreign policy cannot be grounds to stifle dissent. He also contended that mere apprehensions of law-and-order issues, without concrete evidence, should not override constitutional freedoms. He also clarified that the protest has nothing to do with Operation Sindoor or India's border relations with neighbouring countries. CPI(M) issues statement Rejecting the petition, the court observed, 'You don't know the dust it could kick up. Whether to take a side for Palestine or Israel is their (Govt of India) work, why do you want to create such a situation that the country has to take sides on this? Why do you want to do this? It's obvious, going by the party you represent, that you don't understand what this could do to the foreign affairs of the country.' The CPI(M) has strongly condemned the Bombay High Court's remarks while dismissing its petition challenging the denial of permission to protest against the Gaza conflict. Calling the Court's comments unconstitutional and politically biased, the CPI(M) criticised the bench for questioning its patriotism and aligning with the Central government's foreign policy stance. 'It is regrettable to say that the Bench appears to be completely unaware of the constitutional provisions that empower political parties or the history of our country and the support and brotherly feelings of the Indian people towards the Palestinian people for their right to a homeland. The statement made by the High Court bench regarding the CPI(M) smacks of the bench aligning itself with the position of the Central Government,' the party said in a statement. The party invoked India's historical support for Palestine and urged citizens to reject what it termed a troubling judicial trend undermining democratic rights. 'We appeal to the freedom and democracy-loving people of the country to stand shoulder to shoulder with us in unequivocally rejecting this objectionable view,' the statement read.
The Wire
25-07-2025
- Politics
- The Wire
'This is Not Patriotism': Bombay HC Rejects CPI(M)'s Plea For Permission to Protest Against Gaza Genocide
Law The Wire Staff The bench also stated that the foreign policy of the country differs from the stance the party has taken and warned it of potential diplomatic consequences of such protests. New Delhi: The Bombay high court on Friday (July 25) dismissed a petition filed by the Communist Party of India (Marxist) challenging the Mumbai Police's refusal to grant permission for a protest in solidarity with Palestinians, Bar and Bench reported. The protest was supposed to be held at Azad Maidan, an open ground in Mumbai known for its role in the freedom struggle. A bench of Justices Ravindra Ghuge and Gautam Ankhad, rejected the CPI(M)'s petition, observing that the party should look at its own country instead of focusing on issues thousands of miles away. 'Our country has enough issues. We don't want anything like this. I an sorry to say, you are all short-sighted. You are looking at issues in Gaza and Palestine. Look at your own country. Be patriots. This is not patriotism. People say they are patriots,' the court observed, as quoted in the report. The bench further observed that the party should take up civic issues in India. 'You are an organisation registered in India. If you could take up issues like garbage dumping, pollution, sewerage, flooding. We are just giving examples. You are not protesting on those but on something happening thousands of miles outside the country,' it said. According to the report, the bench also stated that the foreign policy of the country differs from the stance the party has taken and warned it of potential diplomatic consequences of such protests. 'You don't know the dust it could kick up... getting on to the Palestine side or the Israel side. Why do you want to do this? It's obvious, going by the party you represent that you don't understand what this could do to the foreign affairs of the country,' the bench noted. However, a similar protest took place in December last year where hundreds of protesters, including far-right groups like the Vishva Hindu Parishad (VHP), had gathered outside the Bangladesh deputy high commission in Mumbai demanding the release of ISKCON priest Chinmoy Krishna Das, who was detained in the neighbouring country. 'Over 500 people, including sadhus, saints, and members of the public, participated in the demonstration,' VHP national spokesperson had told The Hindu at the time, adding, 'The situation of Hindus in Bangladesh is alarming." Subsequently, a memorandum was submitted to the deputy high commissioner, highlighting the group's concerns. The memorandum condemned the arrest of the ISKCON priest, citing violation of democratic and religious freedoms. Many similar protests against the genocide in Gaza and in solidarity with Palestinians have been curtailed recently, several of which were met with police action and detention. On July 19, a peaceful demonstration at the computer market in Nehru Place, Delhi, in solidarity with Palestinians, when a huge group of right-wing people arrived at Nehru Place to oppose it and started threatening, harassing the participants and raising Hindutva slogans. The police, which was present throughout, asked the pro-Palestine people protesting peacefully to leave, saying, 'You do not have permission to protest here.' Israel's ongoing military offensive in Gaza since October 2023 has left close to 60,000 persons dead, as per health ministry numbers cited by Associated Press. Tel Aviv has also enforced a blockade on humanitarian aid, pushing Palestinians to starvation. The remaining population is now on the verge of famine. UN Secretary-General Antonio Guterres called out the international community for neglecting the suffering in Gaza, calling it a 'moral crisis that challenges the global conscience'. The Wire is now on WhatsApp. Follow our channel for sharp analysis and opinions on the latest developments.
