September 13th 2023.
Mumbai: Expressing concern over the ongoing stir in Maharashtra over the Maratha reservations, the Bombay High Court observed that the aspirations of people in any democratic polity are expressed in various forms, but these forms cannot be permitted to cause any kind of disturbance in society. In view of the sensitivity of the situation, the court has refrained from using the term "Maratha reservation" or naming Manoj Jarange Patil, who is leading the protest and was on a hunger strike demanding immediate action from the Maharashtra government.
The bench consisting of Chief Justice DK Upadhayaya and Justice Arun Pednakar, sitting at the Aurangabad bench of the HC, on Wednesday noted that it is the duty of the State to maintain law and order. "While protecting the right of every individual or group of persons to express their aspirations, it is also the duty of the State to maintain law and order and peace and tranquillity in society, at any cost," said the court.
The court was hearing a public interest litigation filed by Nilesh Shinde, seeking direction from the government to maintain the law and order situation and ensure the health and well-being of the public. Advocate MS Deshmukh, appearing for the petitioner, pointed out the deteriorating law and order situation in the state, created due to the ongoing agitation by a section of society demanding reservation in public employment and education.
The court noted that, although the demand has been ongoing for some time, the protesters have resorted to strong measures such as organising dharnas and going on hunger strikes. Deshmukh pointed out news reports regarding ongoing protests in the village of Antarwali, in Jalna district, where Jarange Patil sat on a hunger strike demanding that the state take immediate steps for Maratha reservation. He had demanded that Marathas be given Kunbi certificates, allowing them to avail of reservations under the OBC category.
When the police and district administration tried to intervene to maintain law and order, it was noticed that the health of the gentleman who was leading the other protesters was deteriorating rapidly, and there was opposition even to providing him medical aid. The court also noted that there is another section of society with conflicting aspirations and interests, and because of this, information relating to confrontation posing a threat to the law and order situation has been pouring in.
Advocate General Birendra Saraf submitted that the State Administration is "equally concerned with the situation" and that "various efforts" have been made by the authorities to prevent any untoward incidents and to maintain law and order throughout the State. He also said that the State is "equally keen" about the health and well-being of all.
However, Deshmukh submitted that the incidents that have been happening in the State for the last two weeks indicate that there is a lack of effort by the State authorities, as a result of which certain vehicles have been set on fire and ruckus is being created at various places, causing a large-scale disruption in public life.
The bench, in view of Saraf's statement, said that they have no reason to believe that the State authorities shall not take appropriate action, which may be warranted under the law, not only to maintain peace, tranquility, and law and order but also to take care of the health and well-being of all. The HC has scheduled the PIL for hearing on October 11.
Additionally, the court also noted that the government has issued a Government Resolution on Maratha reservation, stating that it has decided to provide Kunbi caste certificates to all Marathas from Marathwada. The PIL also sought that the state take appropriate steps to maintain the law and order situation in the State and also provide possible medical help wherever it is needed.
In response to another PIL seeking a report on transgender reservations, the government has told the Bombay HC that it will submit a report by September 20. The court has asked the government to submit a report outlining its current policies on transgender reservations and the steps taken for their welfare. The court has also asked for the government's opinion on enacting a law to protect the rights of transgenders. The next hearing is scheduled for October 11.
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