Ritika
Sada Sarvankar had intervened within the petition of the Uddhav Thackeray faction within the Bombay High Court, claiming that they had been the true Shiv Sena. As per the order, the court docket accepted that there was no room for Sada Sarvankar’s argument. The court docket said that the petitioner has no proper to intrude on this petition.
The petition filed within the Bombay High Court concerning permission for Dussehra rally at Shivaji Park was heard before a bench of Justices RD Dhanuka and Kamal Khata. Aspi Chinoy from Shiv Sena Uddhav Thackeray faction argued. On behalf of BMC, Ed Milind Sathe saved his level. At the identical time, Ed Janak Dwarkadas argued on behalf of Shiv Sena Eknath Shinde faction.
Ed Espi Chinoy on behalf of Shiv Sena argued that Shiv Sena has been organizing Dussehra rally at Shivaji Park since 1966. Dussehra was not organized solely due to the Corona interval. Now all of the festivals are being celebrated after Kovid. In such a scenario, we’ve to manage Dussehra Mela on this 12 months i.e. 2022, for this we’ve utilized. Dussehra Melawa is a convention of Shiv Sena. The shocking factor is that now instantly one other software has come for Melava. For the final fifty years, we’ve been doing Dussehra Melava at that place and each time permission was given. Now instantly due to politics, Sada Sarvankar has gone to the opposition aspect, he’s a single particular person, he isn’t an entire Shiv Sena, how can it turn into a proper.
Shivsena’s lawyer said that each time he used to at all times take permission from Shiv Sena’s aspect, but when he’s now not of Shiv Sena, then he doesn’t have any proper. We had utilized for permission on twenty second and Sada on thirtieth. At the identical time, in accordance to the police, the police is telling as we speak that legislation and order might deteriorate. Was there no police for the final 50 years, before 2016 there was solely a criticism of noise air pollution concerning Dussehra rally, after that it was not even a criticism. Sada’s petition just isn’t opposing our demand, however itself is looking for permission. His petition has said that the true military is the Eknath Shinde faction and nobody else. The combat for this is occurring within the SC and the Election Commission. It is kind of clear that if Shiv Sena is one then how can there be two contenders. Always a person, their petition just isn’t appropriate.
On the opposite hand, Shinde faction’s lawyer Milind Salve said through the debate, Shivaji Park is a playground and it comes within the silent zone. It has been instructed within the petition that the GR of the 12 months 2016 is. In which it has been said that for Dussehra Melava is allowed in Shivaji Park, however in the identical GR it has additionally been said that if there may be any legislation and order downside then no occasion might be organized there.
The police give their report on this case that if any occasion shall be held there, then they’ve to deal with the legislation and order. In such a scenario, now that the 2 teams are face to face, then the police refused to give permission of their report and on the premise of the identical report of the police, we didn’t enable each the teams.
The BMC’s lawyer learn out the GR, in addition to the sooner orders, for instance. He said that in accordance to GR, nobody can forcibly manage any occasion within the park. The Dussehra rally was allowed underneath the principles of GR. But right here the rule of GR just isn’t being adopted. It has additionally been said within the GR that it’s crucial to take permission for the rally yearly. There has already been a court docket order that no political program might be organized in Shivaji Park. Then permission was sought from Shiv Sena by stating that Dussehra is a pageant of the 12 months, however as we speak the scenario is completely different. Which is of GR 2016, it’s clearly written which applications might be executed in Shivajipark. In this, 26 January, 15 August, Children’s Day, Ambedkar loss of life anniversary, 3 days of Ganesh pageant and Gudiparv all these applications might be executed within the park. It just isn’t written anyplace that Dussehra Melawa is allowed.
Milind Sathe said that Anil Desai, Sada Sarvankar and Shashi Phadte had utilized in 2017. In 2019, two functions had been made and permission was given within the title of Anil Desai. Then each Sada and Anil Desai belonged to the identical social gathering, then we had given permission on Desai’s software. Sada Sarvankar had utilized once more in 2020, however permission was not acquired due to Kovid. There was a combat between the 2 teams on the day of Ganesh Visarjan, BMC additionally knowledgeable about this within the court docket.
Both Sada and Anil Desai Uddhav faction wrote to BMC asking that Shiv Sena be allowed to maintain Dussehra rally. In such a scenario, each are asking for permission by taking the title of Shiv Sena. When the BMC wrote a letter to the Mumbai Police asking for a solution, the police clearly said in its reply that each the opposing sides can are available entrance of one another. There generally is a downside of legislation and order, that’s the reason it shouldn’t be allowed. On 14 September 2022, the police had written a letter to the BMC asking that unlawful banners ought to be eliminated, because the legislation and order in Dadar and Shivaji Park areas could also be disturbed due to banners. After the continued dispute between the 2 teams and the reply of the police, on the twenty first, we refused to enable each of them.
The counsel for BMC referred to a 2004 order of the Supreme Court which reads. “Courts should not interfere in law and order matters and it should be controlled by the administration.”
Advocate Janak Dwarkadas, showing for Sada Saravankar, said, “My petition just isn’t right here as an individual, I’m Shiv Sena. I’m MLA from Dadar Assembly Constituency. How are you able to say that I’m not an MLA? I’m MLA and am in authorities now. You are pitting me towards my very own social gathering and saying that I’ve no place. How are you able to say that I’m not Shiv Sena? I’m a neighborhood MLA, I’ve not left the social gathering, I’ve not been expelled. I’m within the authorities of Shiv Sena social gathering.
