Mumbai: Observing that the right to agitate is a fundamental right, the Bombay high court on Friday refused to restrain Maratha reservation activist Manoj Jarange from entering the city. It said it cannot pass prohibitory orders merely on the apprehension that the protest could create a law and order situation like last year.Chief Justice M C Tripathi and Justice Advait Sethna issued notices to Jarange and the state government on a petition by city residents Nilesh Dahanukar and Rajesh Dalvi seeking the intervention of the high court to stop the proposed march to the city by the activist and thousands of his supporters.Their advocate Mayur Khandeparker said that during Jarange’s agitation in August-September last year, the city was “under siege” with thousands of supporters of the activist gathering in south Mumbai. He said schools had to declare holidays and normal life was severely disrupted.Referring to the high court order to rid the streets of protesters and bar their entry into the city when Jarange’s agitation at Azad Maidan last year brought south Mumbai to a standstill, Khandeparkar said Jarange had again called his supporters to the city.He urged that preventive orders were necessary to avoid a repeat. Khandeparkar said Jarange had himself said the situation was beyond his control last year. “We want to pre-empt it,” he said.Advocate general Milind Sathe said no application had been received yet to hold a protest at Azad Maidan. The judges asked why an order should be passed when permission was not sought for a protest. They said if Jarange has to come to the city, he has to seek permission. “Why should we apprehend that something untoward may happen?” the Chief Justice said.Chief Justice Tripathi said the court was not inclined to entertain a petition that was “based on speculations” and could only issue a notice at this stage.“If someone is protesting, they know there is democracy in the country. How can we stop someone from agitating or protesting?” the Chief Justice said.The judges also said that they would not make any observations “similar to what was made last year”.“They were made because the situation warranted them, but at present there is no situation as of now. Why should we apprehend anything? Even he is a responsible person. The right to agitate is a fundamental right,” the Chief Justice said.The judges said that if someone took law and order in their hands, the state was capable of handling it. Sathe assured the court that the state machinery was fully capable of dealing with any law and order situation.Jarange is on a hunger strike in Antarwali Sarati village in Jalna district. The judges said it expected the state to take all necessary steps to provide medical assistance if required.“The state government should intervene and speak with him… . At this stage, we cannot intervene. As and when a situation arises, then we will see,’’ the Chief Justice sad.The judges clarified that they were not entering into the issue of the ongoing hunger strike.
