Protesting is fundamental right: HC on plea seeking to stop Jarange's Maratha stir
The Bombay High Court on Friday said it could not prevent Maratha reservation activist Manoj Jarange Patil from protesting, observing that the right to agitate is a fundamental right in a democracy and that the state should intervene through dialogue and by maintaining law and order.
The court, however, made it clear that any protest must be conducted in accordance with the applicable rules and permissions.
A bench comprising Chief Justice MC Tripathi and Justice Advait Sethna was hearing an urgent petition seeking directions to prevent Maratha protesters from travelling to Mumbai.
"If somebody is protesting, if somebody is on a hunger strike, the state should intervene, they should go and talk to the person. This is a democracy. How we can stop a person not to make an agitation? There is a fundamental right," the Chief Justice observed.
The plea cited reports that Jarange had called upon his supporters to mobilise and suggested that protests could be held across Maharashtra if they were unable to reach Mumbai.
The petitioner referred to last year's agitation, when a large number of Maratha protesters had travelled to Mumbai and parts of South Mumbai were severely affected.
The court was told that schools had been shut and movement of people was disrupted during the protests, which were eventually called off after the government gave assurances regarding the community's reservation demands.
The bench, however, said the present petition was based largely on apprehension and past experience. It noted that the situation witnessed last year had not emerged so far and there was no material before the court from the State indicating that a similar disruption was imminent.
Maharashtra Advocate General Milind Sathe told the court that the state was capable of handling any law-and-order situation.
He said that if protesters arrived without permission, the authorities would deal with the matter, while stressing that there were rules governing protests.
The bench said this position was implicit in the state's responsibility to enforce the law. It observed that if people acted contrary to legal provisions, it was for the state to deal with the situation rather than seek a blanket court order preventing a protest.
In its order, the court said that, at present, the pleadings were based on a past experience and that no comparable situation had emerged.
It nevertheless expected that any protest organised by Jarange or his supporters would be "strictly in consonance with the rules." The court also issued notice to Jarange.JARANGEβS STRIKE ENTERS DAY 14
Jarange, who has been on an indefinite hunger strike at Antarwali Sarati in Jalna district, has been demanding implementation of the Hyderabad and Satara Gazette records and issuance of Kunbi caste certificates to eligible members of the Maratha community so that they can avail themselves of reservation benefits under the OBC category.
Jarange has already said that his proposed march to Mumbai is certain. He has said that his supporters would assemble on September 12 and that the date for the Mumbai march would be announced thereafter.
He has also maintained that he is not waiting for a government delegation to visit the protest site.
With the agitation continuing and concerns being raised about Jarange's health, the High Court said the state may take "prudebt steps" to ensure medical assistance in case of any medical exigency.
The government, meanwhile, is expected to continue efforts to engage with Jarange and address the situation while ensuring that any mobilisation remains within the prescribed legal framework.- EndsPublished By: Vivek Published On: Sep 11, 2026 19:58 IST
