The Bombay High Court ruled that the All India Majlis-e-Ittehad-ul-Muslimeen (AIMIM) should be allowed to hold a rally for Tipu Sultan Jayanti in Pune, with necessary restrictions to ensure public safety. The court emphasized that the police can impose conditions and register offences for any incidents, stressing the importance of constitutional freedoms balanced with safety.
Mumbai: The Bombay High Court on Thursday emphasized that there was no justification for denying the All India Majlis-e-Ittehad-ul-Muslimeen (AIMIM) permission to hold a rally on Tipu Sultan Jayanti in Pune, provided the event adhered to law and order protocols.
A division bench of Justices Revati Mohite Dere and SG Dige remarked that necessary restrictions could be imposed to ensure public safety and that the police retained the authority to register offences in case of any incidents.
“There is no reason why they can’t 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,”
the Court observed.
The bench was hearing a petition filed by AIMIM Pune District President, challenging the Pune Police’s denial of permission for the rally, which was originally scheduled for November 26 to commemorate Tipu Sultan’s birth anniversary, Constitution Day, and Maulana Abul Kalam Azad’s commemoration.
Pune Rural SP Pankaj Deshmukh, appearing via video conference, noted that incidents during last year’s Tipu Sultan Jayanti celebration had resulted in the registration of offences. He added that permission was granted on November 26 for Constitution Day and Maulana Abul Kalam Azad’s commemoration but not for the Tipu Sultan Jayanti rally due to objections raised by members of another community.
In response, the Court queried whether there was any formal ban on celebrating Tipu Sultan Jayanti. Finding none, it directed the authorities to address concerns through restrictions and appropriate measures.
The Court instructed the petitioners to submit an undertaking ensuring that the rally would proceed peacefully and comply with conditions laid down by the police. It clarified that offences could be registered for any law violations during the event.
AIMIM has sought to reschedule the rally for December 24, and the Court will hear the matter further on December 17.
This decision underscores the judiciary’s focus on balancing constitutional freedoms with public safety. It reinforces the principle that public assemblies cannot be arbitrarily barred and that authorities must regulate such events within the framework of law.
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