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LATEST NEWS UPDATES | If Bill is in Parliament, why protest outside: Court to Team Anna

If Bill is in Parliament, why protest outside: Court to Team Anna

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published Published on Dec 24, 2011   modified Modified on Dec 24, 2011
-Express News Service

Queationing the methods and the ethics of Anna Hazare’s proposed fast in Mumbai next week to press for a strong Lokpal bill, the Bombay High Court today refused to intervene in the petition by his supporters seeking concessions in charges for using a government ground as the venue for its campaign.

Reacting to the court’s observations, Hazare said that his team would hold the protest at the MMRDA ground and seek donations from “people who have a clean background” to pay the rent. He admitted it was a mistake on the part of his workers to approach the court to seek a rent concession. His three-day fast against the Lokpal Bill that was introduced in the Lok Sabha yesterday is scheduled to begin on Tuesday.

On Thursday, his supporters had moved the court against the rent charged for the ground in Bandra-Kurla Complex, which belongs to the Mumbai Metropolitan Region Development Authority (MMRDA). They had contended that they are a non-profit organization and could not afford an upfront payment of Rs 19 lakh, which includes a security deposit.

“In our view, this is not a case where the court can compel the MMRDA to grant any concession. Such an issue cannot be decided in the court,” the bench of Justice P B Majmudar and Justice Mridula Bhatkar said as it refused to grant relief.

Earlier, the lawyer for the petitioner Jagrut Nagrik Manch, Mahendra Ghelani, contended that the MMRDA ground is a “public ground which can be used for a public purpose.” He had further argued that the agitation cannot be compared to a commercial performance or exhibition and was in public interest. He had said that the objective of the event was to “educate and spread awareness” about the government’s Lokpal bill and Team Anna’s proposed Jan Lokpal bill.

But it did not seem to convince Justice Majmudar. “It might be satyagraha for you but for some others it might be a nuisance. The court cannot decide such an issue,” he said. “We believe in a democratic setup.

If we ask the state government to intervene and get a concession, would it not amount to interference with the parliamentary process?”

“We can’t allow parallel canvassing when Parliament is debating the bill. The bill has not yet been passed, no one knows what features it will have. Is public debate permissible at this stage?” the court asked. “How is the country’s interest involved? We are a democratic set-up. We have elected a government. Wouldn’t your agitation interfere in the functioning of Parliament? The bill will be debated in Parliament where our elected representatives will plead our case.”

The court also observed that the petitioners were not registered as a social organization, and held it as further reason to not grant them any concession. “If 50,000 people are with you in the agitation, then you should be able to pay the amount as well,” Justice Majmudar said after disposing of the petition.

The court also refused to intervene in the possibility of opening the gates of the enclosed portion of Azad Maidan in South Mumbai, another possible venue for the protest which has been opposed by the police as it could be a security and logistical nightmare.

Earlier, the MMRDA had told the court that it would be willing to give a discount to the organizers as per rules if they show that they are a registered social organization. However, it said that at present it cannot assess their credentials and cannot ascertain how they collect funds. During the hearing, the lawyer for the authority also noted that if it grants an exemption to the organization, other social organizations will also demand similar concessions.

After the lawyer for the petitioners said that he would make a fresh application to the MMRDA, the judges directed that the authority should decide the application on merit. Subsequently, Hazare’s supporters said that they would apply to MMRDA through a registered social organisation eligible for a discount and pay the appropriate charges for the ground.

In his village, Hazare said that \MMRDA authorities had indicated “they will settle for Rs 7 lakh” for the three-day protest. “So we have decided that we will carry out the protest at the MMRDA ground. Some people have approached us saying that they will donate. We have decided that we will accept donations. Even if seven people donate Rs 1 lakh each that would be enough...We will accept only cheque or (demand) draft payments. We won’t accept money earned by illegal ways (do number ka paisa nahi lena). I would personally keep an eye on this,” said Hazare.

He said that there would be two protest groups. “I will fast at Mumbai along with Arvind Kejriwal and Kiran Bedi, while some others would stage the fast at Delhi,” said Hazare.

Express News Service, 24 December, 2011, http://www.indianexpress.com/news/if-bill-is-in-parliament-why-protest-outside-court-to-team-anna/891491/


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