During the hearing of a petition in the Bombay High Court, the court made sharp remarks on the action of the government and the police. The court said that a citizen cannot be expelled from an area merely on the basis of opposing the government’s decisions or raising slogans against it. During the hearing, the court asked, ‘The petitioner has only raised slogans like ‘Down with BJP government’, why can’t citizens raise such slogans? Why are expulsion orders given for such slogans?’
During the hearing on Thursday, single bench Justice Madhav Jamdar said that opposing some decisions of the Central Government cannot be the basis for expulsion of a citizen. This case was related to Socialist Democratic Party of India (SDPI) General Secretary Syed Ahmed Abdul Wahid Chaudhary. According to the petition, he was organizing morchas and dharnas in protest against various decisions of the central government, including the Citizenship Amendment Act and the Gyanvapi Masjid controversy.
On what basis was he expelled?
In this case, during the hearing on the expulsion order passed against him by the Mumbai Police, the court expressed strong displeasure. Hearing the petition, Justice Jamdar asked on what basis the order to expel Saeed for one year was passed, while most of the 5 FIRs registered against him were related to protests against the Government of India.
What did Justice Jamdar say?
During the hearing, Justice Jamdar verbally said, ‘What is happening? Are all citizens being made slaves of the Indian government? They can’t protest, can’t they agitate? If people protest, we will file a case against them. It is the right of citizens to protest. The petitioner has only raised slogans like ‘Down with BJP government’. Why can’t citizens raise such slogans? Why eviction orders for such slogans?’
‘Police are public servants, not servants of CM or PM’
Justice Jamdar also said this about the police, ‘Police are not servants of the Chief Minister or the Prime Minister, but are public servants. I am going to impose heavy fine on your officials. During the hearing, the Justice also commented on the current political situation in Maharashtra. Referring to his association with SDPI, he said, ‘The day before yesterday a 10-year-old child died in an accident and the discussion in the Assembly was on how the presiding officer is elected and how he moves from one party to another. You also change sides. Buying and selling is going on all over Maharashtra. There are some FIRs against you…consider changing the party, there is a washing machine installed here.
Opposing government decisions is not a ground for expulsion
In his order, Justice Jamdar made it clear that mere opposition to the government’s decisions cannot be a ground for expelling a person under the Maharashtra Police Act. He said that such action violates the fundamental rights of the citizens of the Constitution, especially the right to freedom of expression and living life with dignity.
Court canceled the eviction order
The order said, ‘The petitioner, to the best of his capacity, has organized morchas and dharnas against certain decisions taken by the Government of India. This cannot be a ground for expelling a person under the Maharashtra Police Act. This action is malicious. Therefore the expulsion order is cancelled. Under Articles 19 and 21 of the Constitution, citizens have the right to express their opinions and live life with dignity. The action taken against the petitioner merely for opposing some decisions of the Government of India affects his fundamental rights.
Leave a Reply