– Mohammed Atherulla Shariff
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 All India Majlis-e-Ittehadul Muslimeen (AIMIM) members sought permission for a rally in Baramati to commemorate Constitution Day, Maulana Abul Kalam Azad’s and Tipu Sultan’s birth anniversaries. Police cited potential law and order issues, particularly regarding Tipu Sultan.
The court said concerns relating to law and order cannot be a ground to deny permission for a rally. While the Pune rural police had refused to grant permission for the rally scheduled for November 26 and asked the petitioner to celebrate the occasions at his private place and not in public place, the petitioner has now moved the High Court, seeking to conduct a rally on December 24. As the police said cases of offence were registered when a rally to celebrate Tipu Jayanti was allowed in 2023, the Bench observed, “Law and order is your prerogative, it cannot be the ground for denying them permission.”
A division bench of Justices Revati Mohite Dere and SG Dige was hearing a petition filed by Faiyaz Shaikh, Pune unit president of AIMIM, seeking a direction to the police to grant permission to hold a rally to commemorate the birth anniversaries of Tipu Sultan, Maulana Azad and also the Constitution Day.
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 SP 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.
