The Bombay High Court was informed on Tuesday that the Maharashtra government has granted permission to hold a procession on December 24 in Pune’s Baramati area to commemorate the Constitution Day and also to celebrate the birth anniversaries of Bharat Ratna Maulana Azad and Tipu Sultan.
A division bench of Justices Revati Mohite Dere and Prithviraj Chavan while noted that a person has the right to hold processions, they must abide by all the legal conditions and restrictions.
The HC was hearing a petition by Pune unit president of All India Majlis-e-Ittehadul Muslimeen (AIMIM) party, Faiyaz Shaikh, seeking direction to the police to grant permission to hold a rally to commemorate the birth anniversaries of Tipu Sultan, freedom fighter Maulana Azad and also the Constitution Day.
Earlier, Pune police refused permission for the rally citing law and order situation. On Tuesday, the bench was informed that police had granted permission for the procession to be held in a particular route.
When the petitioner pointed out that police have not issued a No Objection Certificate yet for putting up banners and arches, public prosecutor Hiten Venegaonkar said that there has been some restlessness about the procession and hence permission has been granted in one particular route but now the petitioner wants to put up banners and arches all over the city.
The bench directed the police to decide on the application seeking to put up banners and arches within 24 hours, as “mandated in law for any such processions”.
The court also warned the petitioners saying: “You (petitioner) have a right to take out a procession that is ok but if the police feel there will be a law and order situation then we are not going to interfere. We are not aware of the ground reality. Police know it better. We cannot pass a blanket order.”
The bench also asked the police to stop using the law and order reason in each and every case, saying: “It is the police’s job to ensure no untoward incident happens. It is time to change this attitude of law and order now. Law and order is the police’s domain. Don’t tell us everytime law and order.”
The bench took note of the permission granted for the procession and disposed of the petition.
