Bombay HC questions denial of rally for Tipu Sultan’s birth anniversary

The Bombay High Court on Thursday directed the Pune rural police to reevaluate a plea seeking permission to hold a rally commemorating the birth anniversary of 18th-century Mysore ruler Tipu Sultan.

The court emphasized that law and order concerns alone cannot justify denying such requests.

A division bench comprising Justices Revati Mohite Dere and S.G. Dige questioned whether there was a formal prohibition on celebrating Tipu Sultan’s birth anniversary. The court was hearing a petition filed by Faiyaz Shaikh, the Pune unit president of the All India Majlis-e-Ittehadul Muslimeen (AIMIM), who sought approval to organise a rally to honor Tipu Sultan, freedom fighter Maulana Azad, and Constitution Day.

The Pune rural police had earlier denied permission for the rally, suggesting that the petitioner celebrate these events privately instead of in public. They argued that such gatherings might disrupt public order.

The court, however, countered this reasoning, stating, "Is there a ban on celebrating Tipu Sultan’s birth anniversary? If the issue is related to a specific route or location, adjustments can be made to ensure the rally is conducted peacefully."

The bench advised the police to determine an appropriate route for the rally, cautioning that any misuse of derogatory language or public disturbances should be addressed under existing laws. It underscored that denying permission based solely on law and order concerns was unwarranted.

"Law and order cannot be a ground to outrightly deny the rally. Adjustments to the route or area can be made instead," the judges noted.

The court directed the petitioner to meet Pune Superintendent of Police Pankaj Deshmukh to finalize a suitable route for the rally. The matter has been scheduled for further hearing on December 17.

Additional Public Prosecutor Kranti Hivrale confirmed there was no official ban on such rallies but reiterated the police’s concerns about potential disruptions.