The Maharashtra Government has informed the Bombay High Court that it has formulated rules under the Maharashtra Police Act to regulate public gatherings, processions, and agitations. This development was communicated during a hearing before a division bench comprising Chief Justice Alok Aradhe and Justice M.S. Karnik. The court took note of an affidavit submitted by a Deputy Commissioner of Mumbai Police, which stated that these rules have been framed under Section 33 of the Maharashtra Police Act and are slated to be officially notified within two weeks. In response, the court directed the State to ensure the notification of these rules by the second week of April and emphasized that they should be implemented thoroughly and effectively.
This hearing was part of ongoing proceedings related to a petition filed in 1997 by the Nariman Point Churchgate Citizen's Association. The petitioners sought action against agitations and gatherings occurring on J.N. Tata Road, requesting immediate measures to prevent nuisances by disallowing morchas (processions), agitations, or public gatherings in that area. The State Government had previously, on February 12, 2022, informed the court that it had initiated the process under Section 33 of the Maharashtra Police Act to frame the necessary rules and regulations, committing to complete this task within eight weeks. However, as noted in a court order dated February 18, 2025, despite the passage of three years, the State had sought further adjournments to place the framed rules on record.
The formulation and impending notification of these rules represent a significant step toward balancing the fundamental right to peaceful assembly with the necessity of maintaining public order. The right to assemble peacefully without arms is enshrined in Article 19(1)(b) of the Indian Constitution. However, this right is not absolute and can be subject to reasonable restrictions in the interest of public order. In a related context, the Bombay High Court has previously held that while individuals have the right to peaceful protest, this right must be exercised in a manner that does not interfere with the fundamental rights of others or disrupt public peace and tranquility. The court emphasized that if there is a reasonable apprehension of danger to the greater community interest or social order, temporary restrictions on the right to hold public meetings may be warranted to address emergent situations.
The new rules, once notified, are expected to provide clear guidelines on the conduct of public gatherings and processions, thereby assisting law enforcement agencies in managing such events more effectively. This move aims to ensure that while citizens can exercise their democratic rights, it does not come at the expense of public order and the rights of others. The court's directive underscores the importance of implementing these rules in both letter and spirit, highlighting the judiciary's role in overseeing the balance between individual freedoms and societal interests.
In conclusion, the Maharashtra Government's commitment to notifying these rules within the stipulated timeframe marks a proactive approach to addressing longstanding concerns related to public gatherings and agitations. It reflects an effort to uphold constitutional rights while ensuring that public order and the rights of the broader community are not compromised. The effective implementation of these rules will be crucial in maintaining this delicate balance and fostering a harmonious society where democratic expressions can coexist with public peace and safety.
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