The Bombay High Court on Friday dismissed a petition filed by the Communist Party of India (Marxist) challenging Mumbai Police’s refusal to allow a protest at Azad Maidan over the alleged genocide in Gaza. A division bench comprising Justices Ravindra Ghuge and Gautam Ankhad not only rejected the plea but also advised the party to focus on issues affecting India.
“Be Patriotic, Look at Your Own Country”The court strongly criticized the CPI(M) for focusing on an international issue instead of domestic concerns.
“There are enough issues in our country. We don’t want anything like this. It saddens us that you are short-sighted,” the bench remarked.
“Look at your country. Be patriotic. This is not patriotism.”
The judges pointed out that the party should instead protest against local civic issues like:
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Garbage dumping
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Pollution
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Drainage and flooding
The bench warned that such protests could interfere with India’s foreign policy and have diplomatic repercussions.
CPI(M)'s Argument Rejected“You don’t know how much dust this can raise… Why do you want to do this?”
The court noted that CPI(M)’s stance on international issues does not align with India’s diplomatic position.
Senior advocate Mihir Desai, appearing for CPI(M), said the protest was to be held at a designated location and that the denial of permission violated fundamental rights. He cited Supreme Court rulings that protests cannot be denied merely on anticipated law and order grounds.
However, the additional public prosecutor argued that the police had valid concerns after receiving objections from citizens and assessing the possibility of unrest.
Ultimately, the court dismissed the petition, also stating that the CPI(M) had no legal standing since it was not the original applicant to Mumbai Police for the protest.
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