Bombay High Court Dismisses CJP Protest Petition as Infructuous

In a recent ruling, the Nagpur bench of the Bombay High Court has dismissed a petition from the Cockroach Janta Party (CJP) that sought to challenge the police's refusal to grant permission for a protest at Samvidhan Square. The court declared the petition infructuous as the date for the planned demonstration had already passed, instructing petitioner Durgesh Kuhike to submit a new application.

The protest was scheduled for October 11, aiming to gather between 400 to 500 participants to demand the resignation of Chief Election Commissioner Gyanesh Kumar. However, the Sitabuldi police denied permission just a day prior, on October 10, citing various concerns including previous protests in Delhi, the sensitive nature of the protest site, and the ongoing Navratri festival.

Kuhike, a key member of CJP’s Nagpur unit, had previously organized a peaceful demonstration on October 4, which lasted two hours and focused on the same demand. His legal representative, Pradeep Wathore, argued that the police's refusal to allow the subsequent protest was unjustified and did not reference specific legal grounds for their decision.

The police's rationale for denying permission included the potential for unrest due to the sensitive context of Samvidhan Square and the festive atmosphere of Navratri. The petition sought court orders to permit the demonstration and to prevent police from interfering with or detaining participants. However, with the scheduled date having lapsed, the court found the petition no longer relevant.

Looking ahead, Kuhike has been advised to file a fresh petition if he wishes to pursue the protest. This ruling highlights the challenges faced by civic groups in organizing demonstrations, particularly in sensitive areas during significant cultural events.