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Gaza Genocide Protest Plea Dismissed : HC Deems It ‘shortsighted’

“Our country has enough issues. We don't want anything like this. I am sorry to say, you are all short-sighted. You are looking at issues in Gaza and Palestine. Look at your own country. Be patriots. This is not patriotism.” observed the bench of Justice Ravindra Ghuge and Justice Gautam Ankhad while firmly dismissing the plea filed by the Communist Party of India (Marxist) challenging the Mumbai Police's decision to deny permission for a protest at Azad Maidan over the alleged genocide in Gaza.

On June 17, Mumbai Police had turned down a request submitted by the All India Peace And Solidarity Organisation to hold a protest at Azad Maidan over the alleged genocide in Gaza, citing potential conflicts with India’s foreign policy and the possibility of disruption of law and order.

Senior Advocate Mihir Desai, appearing for the Petitioner, submitted that the Mumbai Police had rejected the application on two grounds: first, that the proposed protest was against India’s foreign policy, and second, that it could potentially create a law and order issue. He primarily contended that the protest did not in fact oppose India’s foreign policy, but even if it did, citizens nonetheless have a constitutionally protected right to protest.

The bench expressed strong skepticism over the petition and urged the party to prioritize pressing local civic issues that are genuinely affecting the common man rather than these conflicts, which have no concern with the nation.

“You are an organisation registered in India. If you could take up issues like garbage dumping, pollution, sewerage, flooding. We are just giving examples. You are not protesting on those but on something happening thousands of miles outside the country,” stated the bench.

Further, the Bench emphasized that allowing such a protest could have serious implications, as it directly interferes with the nation's foreign policy. The Court also flagged the potential diplomatic consequences that might arise due to such a request.

“You don’t know the dust it could kick up.. getting on to the Palestine side or the Israel side. Why do you want to do this? It’s obvious, going by the party you represent that you don’t understand what this could do to the foreign affairs of the country,” warned the bench.

Noting the fact that the party has no locus to challenge the order, the court conclusively dismissed the petition.


Case Title: Communist Party Of India (Marxist) Through Shailendra Kamble And Ors. Vs State Of Maharashtra And Ors., WP/3798/2025




 

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Akshaj Joshi

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