Bombay High Court declines to restrain Manoj Jarange Patil’s march, notes right to protest

The Bombay High Court on Friday (September 11, 2026) declined to pass orders restraining Manoj Jarange Patil from holding a march to Mumbai. The court observed that India is a democracy and that the right to agitate is a right. The court issued a notice to the State and directed it to provide healthcare to Mr. Patil.

A bench of Chief Justice Mahesh Chandra Tripathi and Justice Advait Sethna heard a petition. The petition sought directions regarding the “March to Mumbai” call given by Mr. Patil. The court questioned the basis for seeking orders when the persons had not arrived in Mumbai. “How can we stop someone from agitating or protesting?” the Chief Justice said.

The petitioner, represented by Advocate Mayur Khandeparkar, submitted that Mr. Patil had stated in a video that he would enter Mumbai and continue his protest even if permission was denied. Mr. Khandeparkar stated that Mr. Patil is in Jalna district, which is 500 km away. The advocate referred to an order passed by the High Court a year ago when persons had allegedly blocked roads in Mumbai.

The Chief Justice questioned the basis for seeking orders. “Merely on apprehensions and experiences you cannot say like this. It is for the agencies to look into this,” the Chief Justice said. The bench questioned how it could pass orders on the basis of these apprehensions. “Just because there were experiences you cannot speculate. Orders cannot be passed on speculations. But if situation arises, Court will look into it,” the Chief Justice observed.

The Court emphasised the right to protest. “But if someone is protesting… They know this is democracy. How can we stop someone from agitating or protesting? Why should we pass orders based on your speculations and apprehensions and make observations?” the Chief Justice said. “We can only issue notice at this stage but we are not inclined to entertain this PIL or petition which is based on speculations… We will not make observations to what was made a year ago. Those were made because situation warranted but at present there is no situation as of now. Why should we apprehend anything? Even he is a person. Right to agitate is a right,” he added.

Maharashtra Advocate General Dr. Milind Sathe informed the Court that the Ganesh festival would commence on September 14 and pointed out that the State had not granted permission for the protest by Mr. Patil. The Court asked the Advocate General to clarify whether the State has the capability and whether the government would address a situation if it arises.

To this, AG said that without permission, protest cannot happen and that the government will take care of the situation. Chief Justice responded: “Don’t expect anything unless the situation arises. We can only say that a protest or rally must happen in accordance with law.. If the State has no capability, High Court has the capability to..”

The Court issued notice on the plea and directed the State to provide healthcare to Mr. Patil to ensure nothing happens to him from the strike.