Take Action Irrespective Of Political Affiliation If Law & Order Breach Occurs During Ram Navami Rally: Bombay High Court To State

The Bombay High Court on Monday directed Maharashtra police to take all necessary measures to prevent any potential breaches, regardless of the political affiliations of the organizers or speakers, during the upcoming Ram Navami rally in Mumbai's Malwani area.

A division bench of Justice Revati Mohite Dere and Justice Manjusha Deshpande was dealing with a writ petition seeking FIRs against BJP legislators Nitesh Rane, Geeta Jain And T Raja for alleged hate speeches during communal clashes in Mira Road in January.

“We cannot stop any public rally, but we expect your officers will take appropriate action in accordance with the law if there is any breach, irrespective of political party”, said the court.

The petitioners alleged that the organisers deliberately planned the rally in minority areas, and had in the past stopped the rally behind mosques. They sought directions for change in the route of the rally.

Addressing the apprehensions raised by petitioners regarding the Ram Navami rally, the bench asked the police to ensure alternate routes are taken. “Ultimately, a law-and-order problem comes, you (police) will face problems.”, the court said.

Advocate General Birendra Saraf assured the court that he would convey this to the police and it would be extra cautious.

Saraf informed the court that the Commissioners of Police (CPs) of Mumbai and nearby districts would review the speeches made by the concerned leaders and decide within a week whether FIRs for hate speech should be lodged.

The court reiterated its displeasure over Rane being allowed to use the Police Commissioner's office to hold a press conference and alleged deliver a hate speech when he visited Naya Nagar, Mira Road in January. The court stated that the government must ensure this does not happen again and anyone cannot be allowed to speak to the media in the Commissioner's office.

The court emphasized that while it cannot prohibit public rallies, it expects law enforcement officers to take prompt action if any breaches occur.

The court adjourned the hearing to April 23.

Case Title – Aftab Siddique & Ors. v. State of Maharashtra & Ors.