Mumbai:
The Bombay High Court on Thursday sought to know if there was a ban on celebrating 18th century Mysore ruler Tipu Sultan’s birth anniversary, and directed the Pune rural police to decide on a plea that sought to hold a rally to commemorate the occasion.
The court said concerns relating to law and order cannot be a ground to deny permission for a rally.
A division bench of Justices Revati Mohite Dere and S G Dige was hearing a petition filed by one Faiyaz Shaikh, the Pune unit president of the All India Majlis-e-Ittehadul Muslimeen (AIMIM) party, seeking a direction to the police to grant permission to hold a rally to commemorate the birth anniversaries of Tipu Sultan, freedom fighter Maulana Azad and also the Constitution Day.
As per the plea, the Pune rural police had refused to grant permission for the rally and asked the petitioner to celebrate the occasions at his private place and not in public place.
The police had claimed that such rallies would cause law and order problems.
The bench then asked if holding a rally for such events was prohibited.
“Is there a ban to celebrate the birth anniversary of Tipu Sultan? We understand if the rally cannot be permitted in a particular area citing law and order. You (police) can always ask them (petitioner) to change the route,” the court said.
The HC said the police can decide the route and if there was any use of derogatory language or any law and order problem, then necessary action could be taken as per law.
“There is no reason why they cannot be allowed to take out the rally. Law and order cannot be a ground to deny permission,” the bench said.
Additional public prosecutor Kranti Hivrale told the court that there was no ban or prohibition but the concern was law and order situation.
At the court’s request, Pune Superintendent of Police Pankaj Deshmukh appeared virtually.
The bench directed the petitioner to personally meet Deshmukh and decide on a route and area where the rally could be held and posted the matter for further hearing on December 17.
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