The Bombay High Court has granted permission to Uddhav Thackeray-led faction of the Shiv Sena to hold its annual Dussehra rally on 5th October at Mumbai’s Shivaji Park.
Quashing the civic body’s order refusing permission for the rally, a bench of Justices R D Dhanuka and Kamal Khata observed the Municipal Corporation of Greater Mumbai’s decision was not a bonafide one.
In today’s hearing, advocate Aspi Chinoy, appearing for the Thackeray faction argued that Shiv Sena has been holding its annual Dussehra Rally at the Shivaji Park since 1966. He argued that any MLA wanting to hold a rally at the same spot and on the same day cannot be a ground for refusal as the Shiv Sena’s right to hold the rally has been recognized by way of practice.
The civic body’s lawyer, Dr. Milind Sathe, however, stated that the Thackeray faction has no right to hold such a rally. Dr. Sathe pointed out that the 2016 Government Resolution, which enlists 45 days of non-sporting events that can be conducted in Shivaji Park mention permission for Dussehra rally and not Shiv Sena’s Dussehra rally.
He emphasized that MCGM had not acted arbitrarily and the permission had been denied due to law and order situation.
Stating that MCGM had clearly abused its power and the process of law, the bench asked why the municipal body did not perceive any law and order situation in the past seven decades.
While allowing the Thackeray faction to use the ground from 2nd to 6th October, the court has asked for the entire function to be video recorded.
The court warned that if petitioners are responsible for creating any law and order situation, it would affect their permission in future.
Meanwhile, the court also rejected the intervention petition filed by the Eknath Shinde faction through MLA Sada Sarvankar. Dismissing the plea to stay the matter until the issue of who represents the real Shiv Sena is resolved, the court said Mr. Sarvankar has no locus standi in this case.
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