The Bombay High Court’s observations on Thursday during the hearing in the removal case of BSP Secretary General Saeed Ahmed Abdul Wahid Chaudhary, in which it said citizens have the right to protest and strongly commented against “horse trading”, received support from the Shiv Sena (UBT), which recently saw six of its MPs joining Maharashtra Deputy Chief Minister Eknath Shinde-led Shiv Sena.
The Supreme Court said that people cannot be expelled simply because they protest against the policies of the central government or raise anti-government slogans. He wondered, “How can such slogans become a reason for genocide?” Justice Madhav Jamdar asked the government.
Bombay HC Notes on ‘Horse Trade’ and ‘Washing Machine’
While hearing the petition, Justice Jamdar questioned why Chaudhary was expelled for one year on the basis of five FIRs, most of which were linked to protests against the Government of India.
“All citizens have become slaves of the Indian government… They cannot organize protests, they cannot agitate. What is all this? Now a lot of papers have been leaked. If people protest, you will file cases… What is this? It is the right of citizens to protest…. The petitioner has just raised slogans like ‘BJP government Murdabad’, ‘Amit Shah Murdabad’… Why can’t citizens raise such slogans? Why extermination orders for such slogans?” Judge Jamdar said, according to LiveLaw.
The judge also pointed out what he called “compromise” in Maharashtra politics, where MPs and MLAs switch parties. These statements came after the judge indicated that Saeed was a member of the political party SDPI.
“Before yesterday, a 10-year-old boy was killed in an accident and what the state assembly was discussing – how to elect a presiding officer and how to move from one party to another… What is this? Even you (Saeed) should change your stand… Anyway, horse trading is taking place in the entire state of Maharashtra. You (Saeed) have some FIRs… Think about switching cases, there is a washing machine,” the judge said, according to the report.
Uddhav Sena supports HC’s statements
Still reeling from the latest setback after six of its nine MPs joined the Shinde-led faction, the Shiv Sena (UBT) has “thanked” the judge for his remarks on the government’s “horse-trading” and “washing machine”.
Uddhav Sena leader Priyanka Chaturvedi posted a picture of the judge’s remarks on the recent “compromise” in Maharashtra and wrote: “Thanks to Justice Jamdar.”
Six Sena MPs (UBT), including Sanjay Dina Patel, Sanjay Deshmukh, Sanjay Jadhav, Bhausaheb Wakchor, Nagesh Patil Ashtekar and Omprakash Raje Nimbalkar, officially joined the Shinde Sena last month.
The charges against Saeed
The charges against him included organizing morchas, dharnas and protests against the Centre’s policies since 2019. These included demonstrations against the Citizenship Amendment Act (CAA), the National Register of Citizens and the Waqf (Amendment) Bill, as HT reported earlier.
According to the deportation order, Chaudhry raised strong anti-government slogans, which led to several criminal cases being registered against him.
The order also said that Chaudhry addressed public gatherings and encouraged people to participate in protests, causing traffic jams, disruption and law and order issues. The authorities claimed that his activities were affecting public peace and ordered him to leave Mumbai and neighboring areas within two days.
During Thursday’s hearing, the court observed that the action taken against Chaudhary was “wrong” and that the deportation order violated Articles 14 and 21 of the Constitution of India.
