Mumbai: The Bombay High Court on Thursday (December 12) asked the Pune rural police if there was a ban on celebrating 18th century Mysore ruler Tipu Sultan’s birth anniversary and said that the law order concerns cannot be a ground to deny permission to hold rally.
A bench comprising Justice Revati Mohite Dere and Justice SG Dige asked the Pune rural police to decide on the plea by All India Majlis-e-Ittehadul Muslimeen (AIMIM) party’s Pune unit president seeking to hold a rally to commemorate the birth anniversaries of Tipu Sultan, freedom fighter Maulana Azad and the Constitution Day.
Pune rural police had refused to grant permission for the rally: AIMIM’s Pune unit president
Petitioner Faiyaz Shaikh submitted in his plea that Pune rural police had refused to grant permission for the rally and asked him to celebrate the birth anniversaries of Tipu Sultan, freedom fighter Maulana Azad and the Constitution Day at his private place and not in public place. He sought a direction from the court to the Pune rural police to grant him permission to hold a rally to celebrate the occassions.
The Pune rural police allegedly denied permission on the ground that such rallies would cause law and order problems.
The bench asked the Pune Police 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, news agency PTI reported.
There was no ban but concern was law and order situation, Pune Police told High Court
The counsel appearing for the Pune police told the court that there was no ban or prohibition on such rallies but the concern was law and order situation.
The bench said that the police can decide the route and if there was any problem or incidents related to the law and order, then necessary action could be taken as per law.
Law and order cannot be a ground to deny permission: High Court
“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.
Pune Superintendent of Police Pankaj Deshmukh appeared virtually before the court at the request of the court, which directed the petitioner to personally meet him and decide on a route and area where the rally could be held.
The matter would be further heard on December 17.
