Mumbai: The Bombay High Court on Thursday questioned if there was any ban on taking out a rally to celebrate the birth anniversary of 18th century ruler Tipu Sultan. The court directed the Pune rural police superintendent of police (SP) to decide on a plea seeking to hold a rally there saying that the police could decide on conditions and the route of the rally.
The HC was hearing a petition filed by Pune President of All India Majlis-e-Ittehadul Muslimeen (AIMIM) party, Faiyaz Shaikh, seeking a direction to the police to grant permission to hold a rally to commemorate the birth anniversary of Tipu Sultan, Maulana Azad and also the Constitution Day.
The plea contended that the Pune rural police had refused to grant permission and asked him to celebrate at his private place, instead of public place by carrying out a rally.
The police said it refused to hold the rally as there was a possibility of a law and order problem.
To this, the bench asked if there was a prohibition on holding rallies for such events. “Is there a ban to celebrate the birth anniversary of Tipu Sultan?” We understand if the rally cannot be permitted in a particular area citing law and order. You (police) can always ask them (petitioner) to change the route,” a bench of Justices Revati Mohite Dere and SG Dige asked.
The court said the police can decide the route. Also, if the police found use of any derogatory language or any law and order problem, then it could take necessary action as per law. “There is no reason why they cannot be allowed to take out the rally. Law and order cannot be a ground to deny permission,” the bench said.
Additional public prosecutor Kranti Hivrale told the bench that there was no ban or prohibition but the concern was law and order situation. Hivrale pointed out that there were objections from certain groups and moreover, last year’s incident – where cross FIRs were filed after tensions during similar events – prompted the police to impose restrictions.
Following a request by the bench, Pune (Rural) SP Pankaj Deshmukh appeared through video conferencing and expressed concern over law and order issues in Baramati, a Hindu-majority area. The judges directed him to finalise a route in consultation with the AIMIM representatives, ensuring the rally takes place under appropriate conditions. The HC has kept the matter for hearing on December 17.
