Friday, January 27, 2023

Politically motivated PIL penalised with fine of one lakh rupees: Bombay High Court

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Last week the Bombay High Court at Aurangabad fined a petitioner an amount of ₹1 lakh for seeking to stop political rally of Maharashtra Navnirman Sena by MNS Chief Raj Thackeray on May 1

The division bench of Justice RD Dhanuka and Justice SG Mehare were hearing a plea seeking for directions to stop the political rally that Raj Thackeray wanted to address. The reason that the petitioner wanted this rally to be stopped was that it could have created a law and order situation in Aurangabad, especially in view of Ramzan.

“In our view, the apprehension of the petitioner appears created and to be politically motivated. The petition filed by the petitioner is politically motivated petition and appears not a bona fide petition.

The Public Interest Litigation is dismissed with cost, quantified Rs One lakh, which shall be deposited by him with the Maharashtra Legal Services Authority within three days from today,” the High Court stated.

The petition is submitted by Jaikishan Kamble, who is the District and City President of the Republican Yuva Morcha, Aurangabad through his counsel Ajay Kanwade

The petition sought writ of mandamus against the authorities for restricting and stopping the political rally of Thackeray, which was scheduled to take place on May 1, at the Marathwada Sanskritik Mandal Maidan in Aurangabad.

Kamble had a point that as this was the holy month of Ramzan, carrying out a rally could create a law and order issue. He also debated on organizing such a rally 48 hours prior of Eid cannot be read anything, but serious doubts on the intention of Thackeray.

Government pleader DR Kale, while opposing the plea, submitted that they have already got the permission from the Commissioner of Police, Aurangabad after some 16 stringent conditions.

The Bench, duly examined the permission copy, concluded that the apprehensions of Kamble were ill-founded.

“Perusal of the said conditions clearly indicate that the Police Commissioner has taken care of all aspect so as to not to have any law and order problem on the day of public meeting proposed to be held by the Mr. Swaraj alias Raj Thackeray. The conditions imposed by the Police Commissioner are stringent conditions issued in public interest,” the order reads.

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