Priyanka Singh
Published on: September 24, 2022 at 18:55 IST
The Bombay High Court, on Friday, slammed the BMC for rejecting Shiv Sena’s Uddhav Thackeray’s application to hold annual Dussehra at Shivaji Park. The High Court allowed Thackeray to hold the rally on October 5th, 2022.
The Court stated, “In our view, BMC’s order rejecting the application citing law and order is a clear abuse of process of the law. It is not the corporation’s case that in the last 7 decades there was a law-and-order situation.”
The BMC’s decision was seen as mala fide.
A division bench of Justice Kamal Khata and Justice R. D. Dhanuka rejected the intervention application filed by Sada Sarvankar, sitting MLA from Shinde faction opposing the application filed by Sada Sarvankar has no locus in the case.
Uddhav Thackeray had approached the Court seeking directions to the BMC for permission to hold the annual Dussehra rally at the Shivaji Park on 5th October, 2022.
Dussehra Melawa has been celebrated at the Park annually since 1966, given that the BMC as well has always permitted for the same. The programme has ever been halted only for the COVID-19 pandemic of two years.
Shivaji Park, as per Government’s order on 20.01.2016, is specifically provided to be used for Dussehra Melawa and that the Municipal Commissioner must permit for the same.
The BMC had rejected the application on Thursday, after which, the petition was filed and the court granted leave until the 23rd September.
The bench then asked the BMC to inform about any advice the police had given for the law and order situation.
Senior Advocate Milind Sathe, appearing for BMC, informed that the Corporation had written to the police on 21st September at 6.30 in the evening, and later rejected Sena’s application at night after receiving a reply from the police.
To the question of Justice Dhanuka as to what took 20 days by the Corporation to decide the application, Sathe replied, “Why we took time is immaterial.”
Advocate Chinoy, appearing for Shiv Sena, apprised that the order rejecting the application states that two applications were filed, one by Thackeray faction and the second one by Sada Sarvankar, citing possible law and order problems, also submitting the contention that, “If your law and order is so poor, then it’s your problem not ours.”
Advocate Sathe submitted that in 2010, the High Court had declared the area of Shivaji Park as a “silence zone” and imposed restriction on its use for non-sporting activities, for 45 days a year and that, the ground can be given on 11 days for the non-sporting activities of private organizations and individuals.
Sathe submitted that the Sena had given up on its rights in the year 2013, and that, in 2017, there were three applications from Shiv Sena by Sahi Narendra Phadke, Anil Desai, and Sada Sarvankar, out of which, only Anil Desai’s application was issued permission by the BMC.
Senior Advocate Janak Dwarkadas took up to raise the heat of the situation by pointing out who the real Sena is, but the Court refused to entertain the issue.