The high court observed that Brihanmumbai Municipal Corporation (BMC) misused its powers in deciding the application of petitioners. The court further directed Uddhav-led faction to approach BMC ward officer with this order and seek permission afresh as per the GR of 2016.
“Video recording of the entire function to be done and if it’s found that petitioners are responsible for creating any law and order situation, it would affect their permission in future,” the court said in its order.
The Uddhav-led Sena had moved Bombay high court urging direction to the BMC to grant permission for its annual Dussehra rally at Shivaji Park.
Earlier this week, the BMC had denied a nod for the Dussehra rally as a similar application had been filed by MLA Sada Sarvankar of the rival Sena faction led by Maharashtra chief minister Eknath Shinde. It also cited a police report which said that allowing a rally would lead to a law and order situation.
Sarvankar’s application said he wanted to place on record certain facts and documents which had been deliberately and wilfully suppressed by the petitioner (Shiv Sena) in order to surreptitiously obtain orders from the high court.
The police had submitted a report to the BMC citing that an incident of firing had taken place on the premises of the Dadar police station on Ganpati visarjan day and there was tension in the area and if in these conditions, either faction is allowed to hold the Dussehra rally at Shivaji Park, then a serious law and order situation can arise.
Uddhav had asked all office-bearers of his party to get to work and ensure that Shiv Sainiks turn up in large numbers for the rally.
Welcoming the high court’s decision, party spokesperson Manisha Kayande said this year’s rally will be grand.
“Our faith in the judiciary stands vindicated. For the last many years, Dussehra rally has been taking place at `Shiv-tirtha’ (as the Sena refers to Shivaji Park), but this time attempt was made through the Shinde faction and BJP to create obstacles. Thankfully, the court rejected it,” said Sena secretary Vinayak Raut.