Maratha quota stir: HC orders Mumbai streets vacated by Tuesday noon

Mumbai: Noting that the city was “literally paralysed” due to Maratha agitation, which has violated all conditions, the Bombay High Court on Monday stated it was giving an “opportunity” to Manoj Jarange and protesters to ensure all streets are vacated and cleaned by Tuesday noon.

Jarange’s announcement to observe fast unto death is a “clear threat”, the HC said, wondering why the government was not getting the roads cleared. It expects the government to follow the legal procedure by initiating appropriate steps.

In a special hearing, a bench comprising Justices Ravindra Ghuge and Gautam Ankhad stated the protest has not been peaceful and expressed displeasure over the conduct of protesters, who danced on roads, played sports, and cooked food.

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The bench stated that Jarange and his supporters have prima facie violated all the conditions, as they have not remained at Azad Maidan – the designated place for the agitation – and blocked several vital areas in south Mumbai.

“The situation is grim. Every street, especially in the entire region of the Azad Maidan, CST, Mantralaya, Flora Fountain, Marine Drive, P’Demello Road, is flooded with protesters who are on the streets, dancing, playing kabbadi, cooking food, bathing on the main roads and so on,” the bench said, adding that the city of Mumbai was “literally paralysed”.

The protesters have gathered at vital spots such as the Chhatrapati Shivaji Maharaj Terminus (CSMT) and Churchgate railway stations, Marine Drive promenade, and even the high court building, it said.

The court noted the agitation was not peaceful and that Jarange and the other protesters violated every condition laid down by authorities when permission was granted to hold a peaceful protest at the Azad Maidan.

“We are giving Jarange and his supporters an opportunity to rectify the situation immediately and ensure the streets are vacated and cleaned by Tuesday noon,” the bench said in its order made available on Tuesday night.

The government shall also ensure that no more protesters, as claimed by Jarange, shall enter the city henceforth, it said.

“In fact, today, when one of us (Ravindra V Ghuge) was traveling to the Court around 12.30 pm in the official car, there was a huge blockade in front of the City Civil Court and the High Court building,” the order said.

The protesters were playing on the streets, many were dancing, while some slept on the roads. The Judge (Ghuge, J) walked beside the crowd on the footpath from the City Civil Court and reached the High Court, it added.

The court noted that even the government pleader, Purnima Kantharia, also had to walk along with the judge as she too was stranded and had crossed the road.

“The High Court was virtually under a siege. Whilst the hearing was going on inside the Court hall, doors of which were closed, slogan shouting was clearly audible to us as well as all the lawyers and litigants,” the order said.

The bench, while posting the matter for further hearing on Tuesday, said if by then Jarange’s health worsens, then the government shall administer medical assistance to him.

Advocate General Birendra Saraf told the court that permission for the protest at Azad Maidan was granted only till August 29.

The bench said Jarange’s undertaking to the police that he would abide by all conditions laid down in the rules for public gathering, agitation, and protest was merely a “lip service”.

“We can see how peaceful the protest is. The high court building is surrounded. The entry gates for the judges and lawyers are blocked. The cars of high court judges were blocked today and prevented from coming to court today. The entire city has been blocked,” it said.

If Jarange’s statement that lakhs more such protesters will arrive, then how does the state government plan to deal with the situation, the court asked.

“He has said he will go on a fast till death and will not leave Mumbai till his demands are met. He (Jarange) is giving a clear threat. Why is the state government not getting the roads cleared? As per the assurance given by Jarange, life in Mumbai will not come to a standstill. Every assurance is violated,” the bench said.

Why are the protesters not sitting only at Azad Maidan and loitering everywhere else, the court asked.

“We want normalcy. Protesters are bathing and cooking, and defecating on the streets,” the HC said.

The bench said it was worried about Jarange, who has been staging an indefinite hunger strike, and stated that while every citizen has the right to protest, it must be peaceful and within permissible limits.

The HC reiterated the order passed on August 26, stating that rules must be adhered to strictly while observing a protest.

When the court questioned how the government plans to tackle the situation, Saraf said the government and police had to strike a balance, considering the ongoing Ganpati festival.

“Exercise of brutal police force would be easy, but the consequence of the same would be bad. We need to manage a delicate balance between the protesters and citizens on the road,” Saraf said.

The HC has been on holiday since August 27 for the Ganesh festival and is to resume on Tuesday.

The bench held a special hearing after several petitions raised concerns over the protests going out of hand.

The bench posted the matter for further hearing on Tuesday.

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