'You Could Have Vacated People Forcefully': Bombay High Court To State Over Maratha Quota Protestors Continuing To Sit At Azaad Maidan

While hearing a PIL on inconvenience caused to people due to the Maratha Reservation protests, the Bombay High Court in the post-lunch session on Tuesday remarked that the State government could have "forcefully" vacated the protest site. Earlier today a division bench of Acting Chief Justice Sree Chandrashekhar and Justice Aarti Sathe had asked the state government to inform at 3pm, the steps taken to to ensure no inconvenience is caused to citizens.When the matter was taken up, Advocate General Dr Birendra Saraf for the State submitted an affidavit and said that the police is making announcements about the High Court's order and they had put up banners and posters.He said that while large gatherings have reduced but still there are gatherings somewhere and vehicles are stationed, adding that impact can be made if their leader Manoj Jarange appeals to protestors to leave. He said:"Some are listening and honouring the court's order some are not and are creating a difficult situation for the police.We even served a notice to Mr Jarange and other organisers pointing out various violations. He being a very influential person, he can make a genuine effort in written and oral asking his supporters to leave Mumbai, they will obviously leave. Whole night the police tried to contain the protestors and this had some impact. But huge impact will be only after Jarange appeals people".To this the Acting Chief Justice orally remarked:"So you are relying on his popularity? Why can't you implement our orders? It is your duty... Why didn't you come to court pointing out that participants have increased from 5,000 to more than a lakh... We will have to pass orders against you too... You could have taken all steps... You could have got it vacated forcefully... This is very serious issue.. we are very very very unhappy with your conduct... Can we permit violation and breach of our orders? And that too for days altogether?"The court had earlier also directed Jarange and other protestors to leave Azad Maidan immediately. Senior advocate Satish Maneshinde appearing for Jarange said that his client has ordered all vehicles to leave Mumbai. Maneshinde said that the Cabinet Secretary was on his way to Jarange. "...my instructions are that some solution will be arrived at. I can say 90 per cent of protestors have left," he said. To this the court orally remarked, "But why are you sitting there? Can u camp there? You were given permission only for 24 hours but you have continued to be there. Why can't you go to some other place?"Maneshinde however said that he cannot change the site now and it would not be possible to take the protestors together at some other place now.The Acting Chief Justice however asked that by what authority was Jarange and other protestors sitting at Azaad Maidan and that the court's order cannot be changed by the protestors continuing to sit there. As Maneshinde said that some solution is likely to come out, the court orally said:"But can there be a solution with you sitting there along with your 5k persons? You will have to ask all your 5,000 persons to leave they cannot be staying or camping there with you. Your supporters will hear you certainly. We have to see how long can we permit you sit there...". To this Maneshinde said, "Please adjourn the hearing till tomorrow morning. We can assure you that no untoward incident will take place till tomorrow". The Acting Chief Justice orally said, "....We are reluctant to pass any coercive order since already a court order permitted you to sit there but you need to respect the rule of law too". Maneshinde urged the court to adjourn the matter to Wednesday 11 am . "We only gave one single call on the mic asking people to leave and people started leaving Mumbai," he said. To this the court said, "See how influential you are...You have a great influence on the masses...He cannot encash people like this...He cannot misuse his influence... We are not going to write this but you need to understand this...Also, the main matter (challenge to the reservation) is pending in this court... Why did you not intervene there? How can you make such demands now?"Meanwhile another lawyer for organisers argued that the State did not publish its Rules regarding the protests at public sites.While dictating the order the court said that Organisers have made a statement stating that Jarange has made an appeal to his followers not to break law and order. "As we gather from the order passed on September 1, no clear stand is coming forth from the R5, who is said to be the man behind this rally and the findings recorded in the said order go, we may only indicate that R5 may be held responsible for instigating and abating the people to come to the city of Mumbai beyond 5,000. There are several other serious issues involved in this matter. The respondents R5 to R7 will have to answer those issues," it added. Accepting Maneshinde's request the high court adjourned the hearing to Wednesday at...

'You Could Have Vacated People Forcefully': Bombay High Court To State Over Maratha Quota Protestors Continuing To Sit At Azaad Maidan

Narsi Benwal

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