Mumbai, Sep 11 The Bombay High Court on Friday refused to pass any order on Maratha quota activist Manoj Jarange's proposed protest march to the city, saying that the Maharashtra government was capable of handling any potential law and order situation.
A bench of Chief Justice M C Tripathi and Justice Advait Sethna said it can not pass a prohibitory order merely on the basis of apprehension that a situation similar to the last year -- when Jarange's hunger strike had brought south Mumbai to a standstill -- may unfold again.
It can not ask a person only on the basis of apprehension not to protest, which is his legal right, the judges said.
"We are in a democratic country," the HC said, and directed the government to ensure that Jarange, who is on a fresh hunger strike at Antarwali Sarati village in Jalna district, gets medical assistance if required.
"The state government should intervene and speak with him.....At this stage we can not intervene. As and when a situation arises then we will see," the court said.
Advocate General Milind Sathe told the court that the government had not received any application from Jarange seeking permission for a protest in Mumbai.
The court was hearing a petition filed by city residents Nilesh Dahanukar and Rajesh Dalvi seeking its intervention to stop the proposed march to Mumbai by Jarange and thousands of his supporters.
The state machinery is capable of handling such situations, the HC said while issuing notices to the government and Jarange seeking their replies to the plea.
"If someone takes law and order in their hands then the state is capable of handling it. If someone acts contrary to the provisions of law, the state is capable enough to handle it," HC said.
It added that if a situation like last year occurred, the court itself was capable of handling the same.
Jarange, who is seeking reservation for the Maratha community in jobs and education, had on Thursday said his march to Mumbai was certain, and the date would be announced after his supporters assembled at his current protest venue on September 12.
