Bombay High Court Orders Removal of Unauthorized Protestors on National Highway 44

Traffic Disruption by Over 10,000 Protestors Led by Former MLA Omprakash Kadu Ends; High Court Steps in to Uphold Citizens' Right to Free Movement

In a significant ruling, the Bombay High Court, Nagpur Bench, on October 29, 2025, directed immediate action against an unauthorized protest causing severe traffic congestion on National Highway No. 44. The protest, involving more than 10,000 participants led by former MLA Mr. Omprakash alias Bachchu Kadu, was staged without proper permissions, leading to a 20-kilometer traffic jam affecting vital services including ambulances and police vehicles.

The court, presided over by Justice Rajnish R. Vyas, took suo motu cognizance of the disruption following reports in prominent newspapers. The protestors were demanding a loan waiver and had gathered on the highway, which is a critical route to the Nagpur Airport and the National Cancer Institute. The court observed that such actions violate the fundamental rights of citizens to move freely across India, as guaranteed under Article 19(1)(d) of the Constitution.

Upon reviewing the situation, the court found that the permission granted for a protest on October 28, 2025, at a designated location was not adhered to, as the protest continued unlawfully on the following day. The court emphasized the need for a balance between the right to protest and the fundamental rights of other citizens.

The judgment issued specific directives for the immediate and peaceful removal of the protestors. Police and government officials were instructed to ensure the restoration of normal traffic flow by 6 PM on the day of the order, with a compliance report due by 11 AM the next day. The court also highlighted the necessity of treating specially abled persons, senior citizens, women, and children with dignity during the eviction process.

Furthermore, the court mandated stern action against those responsible for any damage to public property during the protest. Communication of the court's order to relevant authorities was expedited through electronic means for swift enforcement.

This ruling underscores the judiciary's proactive role in safeguarding public order and the fundamental rights of citizens, while also acknowledging the legitimate space for peaceful protests within legal frameworks.

Bottom Line:

Public Interest Litigation - Traffic congestion caused due to unauthorized protest on National Highway - Protest led by former MLA without proper permission - Directions for immediate removal of protestors to restore traffic flow issued by the High Court.

Statutory provision(s): Article 19(1)(d) of the Constitution of India, Section 33(1) and 36 of the Bombay Police Act

Court on its own motion v. Mr. Omprakash alias Bachchu Kadu, (Bombay)(Nagpur Bench) : Law Finder Doc id # 2801268