Bombay High Court: A Public Interest Litigation (PIL) was filed by Amy Foundation to stop the organisation of protests at Azad Maidan with respect to the Maratha reservation, the petitioner moved an urgent hearing application before the Court. The plea was made with the objective of restoring normalcy in the city, citing concerns over public inconvenience, disruption of daily life, and potential law and order issues arising from the ongoing demonstrations. The Division Bench of Shree Ravindra V. Ghuge and Gautam A. Ankhad, JJ., directed the protesters to vacate the streets and all occupied spaces by forenoon of 2-9-2025. The Court held that protesters had violated the conditions of the permission granted to them by the State Government and they don’t have any valid permission to continue the protests. The Court opined that the city could not be brought to a standstill and normalcy should be restored especially during the Ganpati Festival. Furthermore, the State Government was directed to initiate steps, in accordance with law, against anyone who violates the Court’s order.
Background
The petitioner- Amy Foundation was an NGO dedicated to protection of public welfare and safety. The petitioner filed the PIL to seek direction for the State Authorities to not grant any permission to the protesters, for organisation of the proposed Maratha Quota Andolan at Azad Maidan on 29-8-2025. In the said petition the Court order dated 26-8-2025 stated that the protest shall not be organised without valid permission from the State Authorities.
Manoj Jarange Patil, an activist, associated with Amaran Uposhan Antarwali Sarati made request for the same to the State Government and was permitted to protest at Azad Maidan. Lakhs of protesters flooded the streets of Mumbai in support of Manoj Jarange and the Amaran Uposhan Antarwali Sarati.
Due to these protests the whole city was brought to a standstill. The area around the precincts of CMST, CST, BMC precincts, flora fountain area, the area around Oval Maidan, the area around Mantralaya, the area around Marine Drive etc. had been blocked. People were playing various games like Kabaddi, Tug of war and were also dancing, cooking and even bathing on the main streets, which hampered routine life of the people and also disturbed public order.
Thus, an urgent hearing application was moved by the petitioners, in order to bring back normalcy in the Mumbai city.
Analysis, Law and Decision
The Court noted that earlier permission was granted to organisers of the protest by the Court’s order dated 26-8-2025, which permitted the organisation of protest under certain conditions. Firstly, the strength of protestors should not increase beyond 5000. Secondly, they would assemble only in the designated area in the Azad Maidan between 9.00 am and 6 pm and the protests shall be in accordance Public meetings, Agitations and Processions Rules, 2025. The permission was only granted till 29-8-2025, thereafter Azad Maidan had to be vacated by the protestors. This permission was extended only for one day and no further extensions were granted.
It was submitted by the respondents that electricity lines around Azad Maidan area were cut off for 3 hours and the public toilet blocks were not opened for them. Their food trucks entering Mumbai were stopped and water supply was stopped to curb the protests.
The Court observed that Manoj Jarange had intensified his protest and had declared that he would fast unto death until his demands are met. It was pointed out that the permission to go on hunger- strike was not granted to him.
The Court opined that the city had been paralysed and brought to a standstill, even the High Court was under siege due to the protests. The Court also questioned whether these protesters would clean the streets, vacate the streets and let peace and tranquillity prevail in Mumbai, so that common man could lead a normal life.
Based on these observations, the Court held that order dated 26-8-2025 was disobeyed by the protesters. Additionally, it was opined by the Court that there was imminent necessity for normalcy to be restored in the common man’s life. Accordingly: –
-
State Government was directed to follow the procedure as per law and initiate appropriate steps as the protesters did not have any valid permission to continue the protests at Azad Maidan.
-
Amaran Uposhan Antarwali Sarati and their associates were directed to clean up and vacate the streets and all other places occupied by protestors, by the forenoon of 2-9-2025.
-
State Government to take appropriate steps to prevent the entry of protesters in Mumbai city from all points until any further order of the Court.
-
The Court also permitted medical assistance and food supply to all the protesters till 2-9-2025.
-
State Government to ensure adequate medical assistance to Manoj Jarange in case his health deteriorates due to the hunger-strike.
The Court thus held that any breach of the Court’s order shall not be tolerated and appropriate action shall be taken against the violators and listed the matter for hearing on 3-9-2025.
[Amy Foundation v. State of Maharashtra, 2025 SCC OnLine Bom 3016, decided on 01-09-2025]
Advocates who appeared in this case:
Advocate for the Petitioners- Surel Shah, Senior Advocate, Mahendra Ratna, Sneha Chanotra, Chaitanya Nikte, Ashish Agarkar, Swapnil Sangle, Ramana Deshmukh, Khushi Bagaria, Sourabhi Waknis, Pranav Avhad, Abid Mulani and Adesh Agarkar, Advocates
Advocate for the Respondents- Birendra Saraf, Advocate General, Purnima Kantharia, GP, Jyoti Chavan Addl. GP; Oorja Dhond, Shivprasad Borade i/b.Komal Punjabi, Ramesh Dube Patil, Ashish Gikwad, Rajesh Tekade, Shriram Pingle (Through VC), Advocates; Shrikant Adhate, Sr.PI Dnyaneshwar Avhad, PI
