‘Show patriotism for own citizens first...’, says Bombay High Court rejecting CPI(M) plea for rally permission on Palestine issue

The court said that the issue on which the petitioners seek to protest should be best left to the country's foreign department or external affairs ministry

The Bombay High Court on July 25 (Friday) dismissed a petition filed by the Communist Party of India (Marxist) challenging Mumbai Police’s refusal to grant permission for a protest at Azad Maidan against the alleged genocide in Gaza, Bar and Bench reported.

The Bench held the petition untenable and dismissed it, observing that CPI(M) had not applied for protest permission but only challenged the rejection of All India Solidarity Organisation's (AIPSF) application, asking the petitioner to "show patriotism for the citizens of our own country first".

The Mumbai Police had rejected an application on June 17 filed by the AIPSF seeking permission to stage a protest at Azad Maidan against the alleged genocide in Gaza. The CPI(M) challenged this rejection before the High Court.

The court pointed out that CPI(M) had no locus standi to challenge the order since it was not the applicant before the Mumbai Police.

A Bench of Justices Ravindra Ghuge and Gautam Ankhad rejected the plea, also observing that instead of focusing on issues thousands of miles away, the party should concentrate on problems affecting India.

"Our country has several issues to deal with... We don't want anything like this. I am sorry to say, you are all short-sighted... You are looking at Gaza and Palestine... Why don't you do something for our own country... Be patriots... Speaking for Gaza and Palestine is not patriotism... Speak up for the causes in our own country... Practice what you preach,” Justice Ghuge remarked, according to LiveLaw.

The Court further suggested that the party should take up local civic concerns such as garbage dumping, pollution, drainage, and flooding.

The Bench observed, "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," as reported by Bar and Bench.

The judges said that the issue on which the petitioners seek to protest should be best left to the country's foreign department or external affairs ministry, noting the difference between the party’s stance and that of the Central government, LiveLaw reported.

Justice Ghuge said, "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," as per LiveLaw.

Senior Advocate Mihir Desai, appearing for CPI(M), argued that police had rejected the application mainly on two grounds: being against India’s foreign policy and the potential for law and order issues. He contended that citizens have the right to protest at designated spots regardless of foreign policy considerations, a position supported by Supreme Court judgments, Bar and Bench reported.

The Additional Public Prosecutor representing the State said police had received objections and anticipated law and order problems if the protest was allowed, according to LiveLaw.

According to LiveLaw, Justice Ghuge observed, "Where our own citizens or common man is not concerned why are you taking up that cause... Throwing garbage anywhere is not an issue? Do we have so much time to spend hearing such a matter when we have hundreds of cases of our own citizens listed? Are these not our constitutional issues?"