Bombay High Court questions Maharashtra government over restrictions to celebrate Tipu Sultan Jayanti

While the police denied permission for a rally scheduled for November 26, 2024, the petitioner has now moved the High Court seeking to conduct a rally on December 24, 2024. 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.”

The Bombay High Court on Thursday (November 12, 2024) questioned the Maharashtra government about its reasons for restricting the birth anniversary celebrations of Mysore ruler Tipu Sultan.

The petition, filed by AIMIM’s (All India Majlis-e-Ittehad-ul-Muselimeen) Pune city president Faiyaz Shaikh, said that initially the party sought permission to carry out a procession to commemorate the birth anniversaries of Tipu Sultan and Maulana Abul Kalam Azad along with Constitution Day on November 26, 2024. However, the Pune Rural Police denied permission. The petitioner claimed that the police advised them to go on with the celebrations at a private private instead of taking out a rally in public.

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He stated that the police cited objection letters received from another community expressing concerns over law and order situation as the reason for denying permission. Hence, the petitioner moved the High Court requesting to conduct the rally, now on December 24, 2024.

‘Is there a ban?’

A Division Bench of Justices Revati Mohite-Dere and Shivkumar G. Dige asked, “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. But the police can always ask the petitioner to change the route. If they commit any offence, the police are free to lodge FIR against them.”

Additional Public Prosecutor Kranti Hivrale said that there was no ban or prohibition on celebrating the birth anniversary of Tipu Sultan but there were concerns over law and order situation.

Appearing virtually before the court, Pune Rural Superintendent of Police Pankaj Deshmukh submitted that they had registered cases of offence when Tipu Sultan Jayanti rally was taken out in 2023. “We had allowed for a procession on November 26, 2024, for the Constitution Day and Maulana Abdul Kalam Azad Commemoration,” Mr. Deshmukh said.

“There is no reason why they [petitioner] cannot be allowed to take out the procession for this. You can impose restrictions. And in case of incidents, you can always register the offences. Law and order is your prerogative, it cannot be the ground for denying them permission. If they use any derogatory language or commit some offence, the police can fine case against them,” the Bench observed.

The Bench directed the petitioner to meet Mr. Deshmukh and decide on a route and area to take out the rally and submit an undertaking that the rally would proceed without untoward incidents and in compliance with the conditions set by the police. It adjourned the matter till December 17, 2024.

Published - December 12, 2024 08:48 pm IST