Bombay High Court in Mumbai. File |
On Monday (August 4, 2025), the Bombay High Court refused to initiate the contempt for the Suo Mot against the Communist Party of India (Marxist) for public criticism of recent observations of the court, and at the same time refused his action to protest Gaza.
On July 25, 2025, a divisional bench composed of Justices Ravindra Ghuge and Gautam Ankhad rejected a petition filed CPI (M), which challenged the Mumbai police decision to refuse permission to protest in Azad Maidan against an ongoing conflict in Gaza. The court noted that Indian political organizations should prefer domestic issues over international conflicts.
The bench pulled out the petitioner to focus on affairs outside the country, and said, “Our country has enough problems we have to deal with. We don’t want anything like that. First of all our country,” the bench said sharply.
The leader Mihir Desai, who appeared for CPI (M), told the bench that on June 13, 2025 his client was looking for Azad Maidan police permission to organize a peaceful protest in solidarity with Gaza and urged to cease.
On June 17, however, the police rejected the application and quoted powers according to Section 168 Bharatiya Nagrik Surraksha Sanhita (BNSS) and Section 68 of the Maharashtra Police Act of 1951.
Mr. Desai claimed that political parties historically raised important questions and organized health and educational camps.
The court noted that CPI (M), as a registered political party, should ideally participate in local civil fears. “You are a registered party in India. Your party could adopt problems such as garbage, pollution, drainage or floods. Why do you protest on these questions?
After observing the court, he issued a CPI (m) printing notification 25 July and condemned the “anti-augue” observation of the High Court. He said, “The CPI policy office strongly condemns the observation of the bench of the High Court in Mumbai and at the same time refuses the party’s request to challenge the rejection of the Bombai police to allow a protest action against the ongoing Israeli genocide in Gaza.”
The note also stated: “The court of court went to the extent that it challenges the party’s patriotism. It is irony that the bench seems to be aware of the provisions of the Constitution, which enshrines the rights of the political party or the history of our country and our folk solidarity with Palestinians and their legitimacy.”
On Monday (August 4, 2025), the higher defending champion SM Gorwadkar urged the court to take Suo Motu knowledge of the CPI (M) press note as criminal contempt. He argued that the language used by the party was an attempt to attribute the motive to the judges and could disrupt the public confidence in the judiciary. He quoted previous cases, including the case concerning the advocate of Prashant Bhushan to support his argument and ask the notification to be issued to the general lawyer.
Justice Ghuge rejected this proposal and noted that the bench would decide to ignore the press note and that the party said that it has the right to criticize and condemn the court’s order and call it unconstitutional: “This is their opinion” so leave it.
Published – 4th August 2025 20:57 IS IS
