BOMBAY | 25TH JULY 2025 – The Bombay High Court on Friday dismissed a petition filed by the Communist Party of India (Marxist) [CPI(M)] challenging the Mumbai Police’s refusal to grant permission for a protest at Azad Maidan against the alleged genocide in Gaza.
A Division Bench of Justices Ravindra Ghuge and Gautam Ankhad rejected the plea, stating that the party should focus on domestic issues rather than international matters beyond India’s territorial concerns.
COURT’S STRONG OBSERVATIONS ON PRIORITIES
While delivering the verdict, the Bench made critical remarks questioning the motives behind such protests:
“Our country has enough issues. We don’t want anything like this. I am sorry to say, you are all short-sighted. You are looking at issues in Gaza and Palestine. Look at your own country. Be patriots. This is not patriotism. People say they are patriots,” the Court remarked.
The judges emphasized that the CPI(M) should concentrate on India’s internal civic problems instead:
“You are an organisation registered in India. If you could take up issues like garbage dumping, pollution, sewerage, flooding… We are just giving examples. You are not protesting on those but on something happening thousands of miles outside the country.”
DIPLOMATIC SENSITIVITIES CITED
The Court also warned of potential diplomatic repercussions if domestic political groups began engaging in foreign policy-related protests:
“You don’t know the dust it could kick up… getting on to the Palestine side or the Israel side. Why do you want to do this? It’s obvious, going by the party you represent, that you don’t understand what this could do to the foreign affairs of the country.”
BACKGROUND OF THE CASE
On June 17, 2025, the Mumbai Police rejected an application filed by the All India Solidarity Organisation (AISO) seeking permission to protest at Azad Maidan over the situation in Gaza. The police cited concerns related to India’s foreign policy and potential law and order issues.
While the CPI(M) was not the original applicant, it challenged the rejection order before the Bombay High Court.
LEGAL ARGUMENTS
Appearing for CPI(M), Senior Advocate Mihir Desai argued:
“Even if the protest went against foreign policy, citizens have the right to demonstrate at a designated spot. The possibility of a law and order situation cannot be used to deny that right, as affirmed by several Supreme Court judgments.”
In response, the Additional Public Prosecutor for the State submitted that the Mumbai Police had received multiple objections to the proposed protest and foresaw serious law and order problems.
COURT’S RULING
Ultimately, the High Court dismissed the petition, holding that CPI(M) had no locus standi to challenge the police order since the party was not the original applicant.
“You are not the applicant. You have no locus to challenge this,” the Court ruled, bringing the petition to a close.
