Clean Mumbai, free occupied areas by noon today, HC orders Jarange

MUMBAI: After a two-hour hearing on Monday, Bombay High Court said, "We give an opportunity to Jarange and others to clean up the city and vacate the roads and all such places blocked except the designated place by noon tomorrow.

We hope and trust that good counsel will prevail on Jarange and others and they will obey the orders.'' The HC said the matter will be heard by the regular bench on Tuesday for further orders.The HC had set up the special bench comprising Justice Ghuge and Justice Gautam Ankhad for urgent hearing on petitions challenging permissions granted for the Maratha quota protest. The petitions said lakhs of people supporting Jarange had brought the city to a standstill and the govt had failed to protect Mumbaikars' fundamental rights to free movement and pursuit of livelihood.The protest, which entered its fourth day on Monday, has drawn an estimated 35,000-45,000 people, who arrived in the city in about 650 vehicles. The Advocate General read out the Rules and undertakings given by the protesters as well as the earlier HC order and said permission from police was for only one day subject to conditions including that not more than 5,000 people will assemble and the premises will be vacated by 6 pm.

On Aug 26, a Bombay HC bench of then Chief Justice Alok Aradhe and Justice Sandeep Marne had said that Jarange and his associates shall not stage any protest at Azad Maidan till they seek and obtain permission under the Public Meetings Rules. The rules impose obligations on protestors and organisers to maintain order and not disrupt city life."There has been flagrant violations of the Rules and the order of the Court,'' the AG said, adding that police authorities are under pressure considering the Ganpati festival and have done a delicate balance on law and order.

Saraf said in such circumstances where thousands of men, women and children are on the streets for Ganpati, police instead of taking coercive steps, have tried to convince the protesters to vacate public roads and spaces.A PIL filed by advocate Nilesh Tribhuvan challenged traffic restrictions imposed on key routes including the Eastern Freeway due to the Maratha Kranti Morcha's activities. It said the restrictions violated fundamental rights of citizens to free movement and pursuit of livelihood.

Govt had failed to regulate crowds and protest timings, effectively leading to traffic paralysis, and risks to emergency services, it said.

It asked for the protest to be declared illegal and sought directions to the state to relocate the protestors to alternative venues and establish SOPs for large assemblies. Lawyer Gunratan Sadavarte who appeared as a petitioner against reservation for Marathas, said the protests were politically motivated and intended to target chief minister Devendra Fadnavis.The HC instructed that the protestors be given food packets and water at the Maidan and that Jarange, who said he is on a fast unto death, be allowed medical assistance. The bench asked the lawyers representing the protesters to convince Jarange to ensure agitators exceeding 5,000 vacate Mumbai to enable peaceful protests after fresh applications are made to the authorities.The HC also noted that Jarange's lawyer tactfully did not reply when asked whether the protestors had permission to occupy the streets. "We, therefore, posed a question as to whether these protesters would clean up the streets, vacate the streets and go back home and let peace and tranquility prevail in Mumbai, so that the common man leads a normal life. He had no answer, but he submits that he will strive to convince Jarange to convince the protesters to vacate the streets," the HC said.