The Bombay High Court on Wednesday directed the state government to notify rules to regulate public meetings, agitations and processions in the city by the second week of April and implement the same in “letter and spirit.”
As per the regulations which are yet to be notified, part of Azad Maidan opposite BMC headquarters has been identified for conducting Dharnas, agitations, gatherings, meetings, protests and Morchas.
And no such activity will be allowed in south Mumbai region except for the said designated portion of the Azad Maidan.
A bench of Chief Justice Alok Aradhe and Justice Makarand S Karnik disposed of a plea by Nariman Point Churchgate Citizen’s Association and others filed in 1997, that sought action for stopping nuisance by disallowing any morchas, dharnas, agitations on J N Tata Road, a terminating point near Mantralaya.
The plea had sought direction to authorities to ensure that no loudspeakers or other sound amplifying system or powerful lights or music be played or firecrackers be burst on the said road.
On October 25, 2016, the HC was informed that in a meeting consisting of Police and BMC officials along with petitioners, it was concluded that all agitations should be allowed to be held only in Azad Maidan in south Mumbai.
The HC in March, 2020 had observed that Morchas taken out by citizens or any group on various occasions have been governed by court orders in the 1997 plea.
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The Mumbai Cricket Association (MCA) had submitted that in some morchas at Azad Maidan, due to huge turnout, barricades erected proved ineffective, therefore pitches got damaged.
Moreover, MCA had submitted that due to metro work, several pitches could not be used and when other pitches are damaged due to morchas, the cricket activity comes to standstill.
The HC had then said that there has to be a “statutory instrument to govern morcha/agitation” as the “court orders have their own limitations” as it cannot consider the question of penalty for violation because the agitators are not parties before it.
“The penalty or then regulatory measures for violation assume importance to ensure that pitches are not dug/damaged in future,” it had observed.
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The state government had then submitted that it had commenced an exercise to form regulations under Section 33 (Power to make rules for regulation of traffic and for preservation of order in a public place) of the Maharashtra Police Act, 1951.
However, on Wednesday, the bench expressed displeasure that the Rules were not notified for five years and remarked it felt ‘guilty’ that the plea was pending for nearly 28 years.
Additional Government Pleader Abhay L Patki submitted an affidavit filed by Deputy Commissioner of Police, Zone-I, Mumbai, stating that the Rules have been framed and that the same be notified within a period of two weeks.
The HC then directed the government to notify the said Rules up to the second week of April, 2025. It also granted liberty to petitioners to challenge the said Rules once notified, in case they are so aggrieved.