On Tuesday, the Bombay High Court ruled that Maratha quota activist Manoj Jarange cannot hold a protest in Mumbai without prior permission from the authorities, noting that indefinite occupation of public spaces is impermissible in law, especially during the upcoming Ganesh festival when the police force is already overstretched.
Manoj Jarange, who has been spearheading the Maratha quota agitation, issued an ultimatum to the Maharashtra government demanding a 10% reservation for the community under the Other Backward Classes (OBC) category. He warned that failing compliance, he would march to Mumbai with supporters and begin an indefinite fast on August 29. This proposed agitation was challenged through a public interest litigation filed by Amy Foundation, which argued that such a large-scale protest in Mumbai during Ganesh Chaturthi would paralyse normal life and create serious law and order concerns.
Appearing for the State, Advocate General Birendra Saraf submitted that while the right to peaceful protest is not in dispute, the timing and scale of the agitation would severely disrupt the city. He emphasised, “During the Ganesh Chaturthi festival, the police force is extremely burdened with arrangements for law and order, and assembly of large numbers of people would be a big strain and cause grave inconvenience.”
The Division Bench of Chief Justice Alok Aradhe and Justice Sandeep Marne stressed that the right to dissent is protected in a democracy, but cannot extend to indefinite encroachment on public places. The Bench stated, “Democracy and dissent go hand in hand, but demonstration has to be in designated places where such a protest can be held.”
The Court clarified that peaceful demonstrations are permissible under the law, provided the organisers obtain prior permission. “Peaceful protests can be undertaken after permission is sought under the new rules for public gatherings and agitations,” the Bench said, granting liberty to Jarange and his associates to apply for such permission.
The Court added that the government may consider offering an alternative site to enable Jarange’s group to protest without disturbing civic life. “It would also be open for the government to offer an alternate place at Kharghar in Navi Mumbai to the respondent to hold their peaceful protest so that the tempo of life in the city of Mumbai is not hampered,” the Bench observed.
The Bench issued notice to Jarange, calling for his response to the PIL, and scheduled the matter for further hearing on September 9, 2025.
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