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‘Consider switching sides’: Bombay HC's remarks on ‘horse-trading’ earns praise from Uddhav Sena
The high court said people cannot be externed simply for protesting against the central government's policies or raising anti-government slogans.
The Bombay High Court's observations on Thursday during the hearing of the externment case of Social Democratic Party of India (SDPI) state general secretary Saeed Ahmad Abdul Wahid Chaudhary, in which it said that citizens have the right to protest and sharply remarked against “horse-trading”, received backing from Shiv Sena (UBT), which recently saw six of its MPs join the Maharashtra deputy chief minister Eknath Shinde-led Shiv Sena.
The high court said people cannot be externed simply for protesting against the central government's policies or raising anti-government slogans. "How can such slogans become a ground for externment?" Justice Madhav Jamdar asked the government.
Bombay HC's observations on 'horse-trading', 'washing machine'
While hearing the petition, Justice Jamdar questioned why Chaudhary had been externed for one year on the basis of five FIRs, most of which were linked to protests against the Government of India.
"All citizens are being made slaves of Indian Government... They cannot stage protests, they cannot agitate. What is all this? Now so many papers have been leaked. If people protest, you will slap cases... What is this? It is the right of the citizens to protest.... The petitioner has just raised slogans like 'BJP Government Murdabad', 'Amit Shah Murdabad'... Why citizens can't raise such slogans? Why externment orders for such slogans?" Justice Jamdar said, as per LiveLaw.
The judge also referred to what he termed "horse-trading" in Maharashtra politics, where MPs and MLAs are switching parties. The remarks came after the judge noted that Saeed was a member of the SDPI, a political party.
"Day before yesterday, one 10 year child was killed in an accident and what the State Assembly was discussing - how a Presiding Officer is elected and how he has shifted from one party to the another... What is this? Even you (Saeed) should switch sides... anyways horse trading is going on in entire Maharashtra. You (Saeed) have some FIRs... consider switching cases, there is a washing machine," the judge said, according to the report.
Uddhav Sena backs HC's remarks
Still reeling from the recent setback after six of its nine Lok Sabha MPs joined the Shinde-led faction, Shiv Sena (UBT) "thanked" the judge for his remarks on "horse-trading" and the government's "washing machine".
Uddhav Sena leader Priyanka Chaturvedi posted an image of the judge's remarks on the recent "horse-trading" in Maharashtra and wrote, "Thank you Justice Jamdar".
Six Sena (UBT) MPs, including Sanjay Dina Patil, Sanjay Deshmukh, Sanjay Jadhav, Bhausaheb Wakchaure, Nagesh Patil Ashtikar and Omprakash Raje Nimbalkar, officially joined Shinde Sena last month.
Charges against Saeed
The charges against him involved organising morchas, dharnas and protests against the Centre's policies since 2019. These included demonstrations against the Citizenship Amendment Act (CAA), the National Register of Citizens and the Waqf (Amendment) Bill, as HT reported earlier.
According to the externment order, Chaudhary raised strong anti-government slogans, which resulted in several criminal cases being registered against him.
The order also said Chaudhary addressed public gatherings and encouraged people to take part in protests, causing traffic jams, disruption and law and order issues. Claiming that his activities affected public peace, the authorities directed him to leave Mumbai and the neighbouring districts within two days.
During Thursday's hearing, the court observed that the action against Chaudhary was "malafide" and that the externment order violated Articles 14 and 21 of the Constitution of India.
