State can’t be a mute spectator to law-and-order situations: HC

Bombay High Court emphasizes state's duty to address Maratha reservation protests led by Manoj Jaranage Patil, highlighting its power to maintain law and order.

MUMBAI: During a hearing regarding the ongoing Maratha reservation protests led by activist Manoj Jaranage Patil, the Bombay high court emphasised the state’s duty and power to uphold law and order. The court stated that the state cannot simply observe such situations silently, highlighting that it holds sufficient authority, within the reasonable restrictions outlined by the Constitution, to effectively address them.

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“It is for the state to take care of the situation. The state cannot be a mute spectator. It has to remove blockades,” the court said.

During the hearing on a petition filed by city lawyer Gunratan Sadavarte seeking action against Patil, a bench of justice AS Gadkari and Shyam Chandak took note of the “267 First Information Reports filed against the Maratha reservation activists” since January. Sadavarte had urged the court to prevent Patil’s entry into Mumbai and file an FIR against him for the death of a Mali boy in Solapur, who took his own life as part of the agitation.

Even after the state provided 10% reservation to Marathas, Patil persisted with his protests, resulting in a second round of demonstrations since Saturday that disrupted public life over two days. This was despite Patil’s assurance to the court on Friday that the protests would be peaceful, but they escalated nonetheless.

During Monday’s hearing, Patil’s counsel, advocate VM Thorat argued that the petition had become “infructuous” as the protests it addressed had already concluded. He cited a similar petition filed by Hemant Patil, which was deemed infructuous by another bench of the court.

However, Sadavarte emphasised his inability to approach any other forum, stating that “magistrate does not have the power to pass any directions for enquiry.” He highlighted instances of disrupted public life, including the shutdown of internet services in volatile areas affecting students’ education and road blockades in Pune and Jalna.

Sadavarte stressed the impact of this protest on public life and urged the court to provide directions to the government. The court, however, declined, stating the state already possesses sufficient power to handle the situation.