Case Note & Summary
The petitioner, Iftekhar Zakee Shaikh, filed a Criminal Writ Petition before the Bombay High Court challenging an order dated 21.01.2020 passed by the Police Inspector, City Police Station, Majalgaon, purportedly under Section 149 of the Code of Criminal Procedure, 1973, and an order dated 31.01.2020 passed by the Additional District Magistrate, Beed, under Section 37(1)(3) of the Maharashtra Police Act, 1951. The petitioner sought permission to hold peaceful demonstrations and agitations at the old Idgah Maidan in Majalgaon, District Beed, between 6 pm to 10 pm daily for an indefinite period. The police had refused permission citing the prohibitory order. The State, through the learned A.P.P., submitted that the authorities did not intend to prohibit the petitioner and companions from sitting for the agitation and that police would provide necessary protection. The court examined the order dated 31.01.2020 and found that it was based on a letter from the District Superintendent of Police dated 30.01.2020, but the order itself did not disclose any material to show that the proposed agitation would cause a threat to public order. The court held that the order under Section 37(1)(3) of the Maharashtra Police Act, 1951 could not have been issued to prevent peaceful agitation. Consequently, the court quashed and set aside both the order dated 31.01.2020 passed by the Additional District Magistrate and the order dated 21.01.2020 passed by the Police Inspector. The court directed the respondents to allow the petitioner and companions to hold peaceful demonstrations and agitations at the old Idgah Maidan, subject to maintaining law and order and giving prior notice to the police. The petition was disposed of accordingly.
Headnote
A) Constitutional Law - Right to Peaceful Protest - Section 37(1)(3) Maharashtra Police Act, 1951 - Prohibitory Order - The court considered whether a prohibitory order under Section 37(1)(3) of the Maharashtra Police Act, 1951 could be issued to prevent peaceful agitation. The court held that such an order cannot be issued to prevent peaceful protest without material showing threat to public order. (Paras 3-5) B) Criminal Procedure Code - Section 149 CrPC - Police Order - The court noted that the police order dated 21.01.2020 was purportedly under Section 149 CrPC but the real basis was the order under Section 37(1)(3) of the Maharashtra Police Act, 1951. The court set aside both orders. (Paras 2, 5)
Issue of Consideration
Whether the order issued under Section 37(1)(3) of the Maharashtra Police Act, 1951 prohibiting the petitioner and companions from holding peaceful demonstrations at Idgah Maidan was valid.
Final Decision
The court quashed and set aside the order dated 31.01.2020 passed by the Additional District Magistrate, Beed under Section 37(1)(3) of the Maharashtra Police Act, 1951 and the order dated 21.01.2020 passed by the Police Inspector, City Police Station, Majalgaon. The respondents were directed to allow the petitioner and companions to hold peaceful demonstrations and agitations at the old Idgah Maidan, subject to maintaining law and order and giving prior notice to the police.
Law Points
- Right to peaceful protest
- Section 37(1)(3) Maharashtra Police Act
- 1951
- Section 149 CrPC
- Prohibitory orders
- Public order
