Pune police grants permission to hold rally on Tipu Sultan birth anniversary

Earlier, the High Court had questioned the State government about its reasons for restricting the birth anniversary celebrations of Mysore ruler Tipu Sultan

The Pune police informed the Bombay High Court on Tuesday (December 17, 2024) that the All India Majlis-e-Ittehadul Muslimeen (AIMIM) is granted permission to carry out procession on December 24, in Pune’s Baramati to commemorate the Constitution Day and celebrate the birth anniversaries of Bharat Ratna Maulana Abdul Kalam Azad and Tipu Sultan.   

Accepting the police’s statement, a Division Bench of Justices Revati Mohite-Dere and Prithviraj Chavan noted that even though a person has the right to take out a procession, they must abide by the conditions and restrictions imposed as per the law. The Bench refused to quash a notice issued under section 149 of the Criminal Procedure Code (CrPC), which mandates that the procession should not stop nearby any religious place, specifically any temple.  

Disposing of the petition, the Bench criticised the State police on citing law and order situation in every case. “What is this law-and-order situation may arise in every case? You [the police] are anticipating something, you take a call. It is your domain you look after that and ensure no untoward incident happens during an event,” the Bench noted. 

The petition, filed by AIMIM’s 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. 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. 

Representing the petitioner, advocate Tapan Thatte submitted to the Court that even though the police has granted permission to take out the rally, his client is compelled to seek permission from Municipal Council of Baramati for displaying banners and arches.  

Public Prosecutor Hiten Venegaonkar argued that after permission was granted for procession, the petitioner now wants to put up banners and arches all over the city. 

The Bench noted, “If the law mandates that a particular permission is mandated for any such processions, it needs to be followed. We cannot make an exception. We can only say that when you [the petitioner] apply for permission, the civic body and the police will have to decide it expeditiously. You may have the right to take our procession, but you will also have to follow the rules. No one can stop you from holding the procession. But if the police feel there will be a law-and-order situation then we are not going to interfere. We are not aware of the ground reality. Police knows it better. We cannot pass a blanket order. Let the police decide on banners and arches.”  

The Bench directed the police to decide within 24 hours on the application of banners and arches at the event. 

Published - December 17, 2024 10:01 pm IST