MUMBAI: Bombay HC on Friday dismissed a petition filed by the Communist Party of India (Marxist) against the refusal by Mumbai Police to permit a gathering in protest against the deaths in Gaza. Senior Counsel Mihir Desai, representing the party, argued that they only wanted to meet at the designated protest spot in Azad Maidan and were not seeking permission to march in protest.
A division bench of Justices RV Ghuge and Gautam Ankhad stated that the party lacked the locus standi (legal standing) to challenge the refusal as it was not the applicant that sought permission. Last month, police denied permission on a plea made by the All India Peace and Solidarity Foundation (AIPSF) to stage a protest on the Gaza issue at Azad Maidan.
Orally, the bench questioned why the petitioner could not focus on issues in India, including issues of garbage, illegal parking, flooding, and drainage, asking Desai how his clients were affected by what was happening thousands of miles away. "Be patriots...speak up for causes in our own country," HC remarked orally.
Desai asked if he was to understand that freedom of speech and expression was only for speaking about things happening in India. He said democracies worldwide were having peaceful protests on the issue. Desai also pointed out that two of the petitioners before HC had also signed the application before the police, which was rejected, to which the bench asked why didn't the rest of signatories come to court.
"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," HC said orally at the hearing.
Shreekant Gavand, additional public prosecutor, opposed the plea on the grounds that permitting the protest may create a law and order situation and may create a conflicting situation with reference to India's stand on the issue.
A division bench of Justices RV Ghuge and Gautam Ankhad stated that the party lacked the locus standi (legal standing) to challenge the refusal as it was not the applicant that sought permission. Last month, police denied permission on a plea made by the All India Peace and Solidarity Foundation (AIPSF) to stage a protest on the Gaza issue at Azad Maidan.
Orally, the bench questioned why the petitioner could not focus on issues in India, including issues of garbage, illegal parking, flooding, and drainage, asking Desai how his clients were affected by what was happening thousands of miles away. "Be patriots...speak up for causes in our own country," HC remarked orally.
Desai asked if he was to understand that freedom of speech and expression was only for speaking about things happening in India. He said democracies worldwide were having peaceful protests on the issue. Desai also pointed out that two of the petitioners before HC had also signed the application before the police, which was rejected, to which the bench asked why didn't the rest of signatories come to court.
"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," HC said orally at the hearing.
Shreekant Gavand, additional public prosecutor, opposed the plea on the grounds that permitting the protest may create a law and order situation and may create a conflicting situation with reference to India's stand on the issue.
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