Mumbai: The Bombay High Court on Friday dismissed a petition filed by the Communist Party of India (Marxist), challenging the Mumbai Police’s refusal to grant permission for a protest at Azad Maidan against the alleged genocide in Gaza. The court observed that instead of focusing on issues thousands of miles away, the party should concentrate on problems affecting India.
'Our Country Has Enough Issues,' Judges Say While Urging Focus on Indian Concerns
“Our country has enough issues. We don't want anything like this. I am sorry to say, you are all short-sighted. You are looking at issues in Gaza and Palestine. Look at your own country. Be patriots. This is not patriotism,” a bench of Justices Ravindra Ghuge and Gautam Ankhad remarked while rejecting the petition.
The judges even suggested that the party should raise local issues concerning garbage dumping, pollution, drainage, and flooding. “You are an organisation registered in India. If you could take up issues like garbage dumping, pollution, sewerage, flooding... We are just giving examples. You are not protesting on those but on something happening thousands of miles outside the country,” the judges said.
Moreover, the court underscored that the stance taken by the party differs from the country’s foreign policy, and such a protest could have potential diplomatic consequences.
Court Cautions Against Diplomatic Fallout From Taking Sides in International Conflicts
“You don’t know the dust it could kick up... getting on to the Palestine side or the Israel side. Why do you want to do this? It’s obvious, going by the party you represent, that you don’t understand what this could do to the foreign affairs of the country,” the judges warned.
On June 17, the police rejected an application filed by the All India Solidarity Organisation to hold a protest at Azad Maidan against the genocide in Gaza, considering India’s foreign policy. This was challenged by CPI(M) before the high court.
CPI(M)’s counsel Mihir Desai submitted that the police refused permission on the grounds that the protest was against India’s foreign policy and that it could lead to a law and order problem.
He added that even if the protest went against foreign policy, citizens have the right to demonstrate at a designated spot. The possibility of a law and order situation cannot be used as a reason to deny that right.
However, the additional public prosecutor highlighted that the police had received objections to the proposed protest and anticipated potential law and order issues; hence, permission was denied.
Petition Lacked Legal Standing As CPI(M) Didn't Apply for Protest Permission
The court added that the party did not have locus (legal standing to file a petition) to challenge the police order since it had not made the application before the police.
FPJ Says
The high court's suggestion to the CPI (M) to take up local issues and not ones relevant thousands of miles away is unfortunate. It is for political parties and other organisations to decide what issues to focus on. If the proposed protest had the potential of creating a law and order problem then the rejection of the communists' petition is understandable. But there is nothing to indicate that this was the case. Incidentally, the central government itself is doing a lot to aid the affected Palestinians in Gaza.
