- A bench of Justices Ravindra Ghuge and Gautam Ankhad, in a special hearing, said the protesters have not remained at Azad Maidan
- The HC urged for normalcy to be restored in Mumbai, and gave an opportunity to Jarange and his supporters to rectify the situation and ensure all streets are vacated by noon of September 2.
- The government shall also ensure that no more protesters, as claimed by Jarange, shall enter the city henceforth, it said.
The Bombay High Court on Monday said the entire city has been brought to a standstill due to the ongoing Maratha quota agitation led by activist Manoj Jarange, and the protest has not been peaceful and violated all conditions.
The HC urged for normalcy to be restored in Mumbai, and gave an opportunity to Jarange and his supporters to rectify the situation and ensure all streets are vacated by noon of September 2.
Jarange has been staging a hunger strike at Azad Maidan in south Mumbai from Friday, demanding a 10 per cent reservation to the Maratha community in government jobs and education under the Other Backward Classes (OBC) category.
He stopped drinking water from Monday, his supporters claimed.
A bench of Justices Ravindra Ghuge and Gautam Ankhad, in a special hearing, said the protesters have not remained at Azad Maidan - the designated place for the agitation - and blocked several vital areas in south Mumbai.
"The situation is grim and the city of Mumbai has been practically brought to a standstill," the court said.
The protestors have gathered at vital places such as the Chhatrapati Shivaji Maharaj Terminus (CSMT) and Churchgate railway stations, Marine Drive promenade and even the high court building, it said.
The court noted the agitation was not peaceful and that Jarange and the other protesters have violated each and every condition laid down by authorities when permission was granted to hold a peaceful protest at the Azad Maidan in south Mumbai.
The administration will implement the Bombay High Court directives on Manoj Jarange-led Maratha quota protest, Chief Minister Devendra Fadnavis said on Monday. "The government will implement the High Court directives," Fadnavis told reporters in Pune and rejected the charge that law and order had collapsed.
"There have been sporadic incidents (related to Maratha demonstrations) which have been cleared by police within minutes," he said.
"We are giving Jarange and his supporters an opportunity to rectify the situation immediately and ensure the streets are vacated and cleaned up by Tuesday noon," the bench said.
The court said since Jarange and his supporters have prima facie violated the conditions and since they do not have valid permission to continue the protest, it expects the state government to follow the due procedure laid down in law by initiating appropriate steps.
The government shall also ensure that no more protesters, as claimed by Jarange, shall enter the city henceforth, it said.
The bench, while posting the matter for further hearing on Tuesday, said if by then Jarange's health worsens, then the government shall administer medical assistance to him.
Advocate General Birendra Saraf told the court that permission for the protest at Azad Maidan was granted only till August 29.
Jarange and his supporters have violated every single condition and undertaking, he added.
The bench said Jarange's undertaking to the police that he would abide by all conditions laid down in the rules for public gathering, agitation and protest was merely a "lip service".
"We can see how peaceful the protest is. The high court building is surrounded. The entry gates for the judges and lawyers are blocked. The cars of high court judges were blocked today and prevented from coming to court today. The entire city has been blocked," it said.
If Jarange's statement that lakhs of more such protesters will come in, then how does the state government plan to deal with the situation, the court asked.
"He has said he will go on a fast till death and will not leave Mumbai till his demands are met. He (Jarange) is giving a clear threat. Why is the state government not getting the roads cleared? As per the assurance given by Jarange, life in Mumbai will not come to standstill. Every assurance is violated," the bench said.
Why are the protesters not sitting only at Azad Maidan and loitering everywhere else, the court sought to know.
"We want normalcy. Protestors are bathing and cooking and defecating on the streets," the HC said.
The bench said it, too, was worried about Jarange, who has been staging an indefinite hunger strike, and said while every citizen has the right to protest, it has to be done in a peaceful manner and within permissible limits.
The HC reiterated the order passed on August 26 which said any protest held has to be done while strictly abiding by the rules.
When the court questioned how the government plans to tackle the situation, Saraf said the government and police had to strike a balance in the situation considering the ongoing Ganpati festival.
"Exercise of brutal police force would be easy but the consequence of the same would be bad. We need to manage a delicate balance between the protesters and citizens on the road," Saraf said.
The high court has been on holiday since August 27 for the Ganesh festival and is to resume on Tuesday.
The bench took up for hearing the issue after several petitions were filed raising concerns over the protests going out of hand and bringing the city to a standstill.