IFTEKHAR ZAKEE SHAIKH Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Rule made returnable forthwith. By consent heard both the sides for final disposal.

(2.) The present proceeding is filed to challenge the order made by Police Inspector, City Police Station, Majalgaon, District Beed dated 21.01.2020 which is shown to be passed under Section 149 of the Cr.P.C. The relief is also claimed for quashing the order passed by Additional District Magistrate, Beed dated 31.01.2020 and also for direction to respondents to see that the petitioner and companions are allowed to hold peaceful demonstrations and agitations at old Idgah Maidan at Majalgaon, District Beed for indefinite period between 6 pm to 10 pm daily for such agitation permission was requested in the past but the same was refused by police station concerned by giving some grounds and by taking the base of the aforesaid order made by Additional District Magistrate. The learned A.P. has filed reply affidavit of Sub-Divisional Magistrate, Majalgaon. The learned A.P. was expected to make submissions on behalf of both Police and the District Magistrate. The learned A.P. herein submitted during arguments that the authority does not intend to prohibit the petitioner and companions from sitting for aforesaid agitation. He also submitted that like at other places police will be giving necessary protection to the persons who will be sitting for agitation. In view of this submission, the only question which remains to be decided is whether the aforesaid order issued under Section 37(1)(3) of Maharashtra Police Act, 1951 could have been issued to prevent such agitation. That decision will directly decide the other point like challenge to the order made by the police by which the permission for agitation is refused.

(3.) This Court has carefully gone through the order dated 31.01.2020 made by the learned Additional District Magistrate. The order shows that the District Superintendent of Police had informed by letter dated 30.01.2020 to the District Magistrate that in that district many political parties and associations had started agitations which included blockade of roads, taking out morchas etc for many causes including protest against the Citizenship Amendment Act (CAA). Apprehension was expressed by the District Superintendent of Police that due to such agitations there was a possibility of some untoward incident and there was a possibility of creation of law and order problem. Some specific possible agitations are mentioned in the order which are as under: