CPI(M) Allowed to Protest Against Gaza ‘Genocide’: Mumbai Police Informs Bombay HC
Earlier, court had dismissed a similar plea, observing that issues concerning international conflicts like Gaza are best handled by the Ministry of External Affairs, particularly when the petitioner’s stance differs from that of the Government of India;
The Bombay High Court on Tuesday, August 12, 2025, allowed the Communist Party of India (Marxist) to hold a peaceful protest at Azad Maidan against the ongoing “genocide” in Gaza by Israel.
A division bench of Justices Ravindra Ghuge and Gautam Ankhad recorded the Mumbai Police’s statement that the protest would take place at Azad Maidan, one of the city's designated spots for protests.
The High Court was hearing CPI(M)’s plea challenging the police’s refusal to allow the party to hold the protest. CPI(M) moved the Court for a second time after its earlier plea, heard by a division bench of Justices Ravindra Ghuge and Gautam Ankhad, was dismissed.
While dismissing that earlier petition, the High Court had remarked that people must first show patriotism towards citizens of their own country. It had added, “Speaking for Gaza and Palestine is not patriotism. Speak up for the causes in our own country. Practice what you preach.”
Observing that India is already grappling with several issues, the bench had questioned the petitioner’s focus on foreign matters that do not directly impact Indian citizens.
Appearing for CPI(M), Senior Advocate Mihir Desai had argued that the plea was about the party’s right to free speech and expression under the Constitution. He contended that the protest had nothing to do with India’s foreign policy or border relations and was unrelated to “Operation Sindoor.”
The bench, while referring to recent Supreme Court observations, had reportedly said the right to free speech is being misused. It had added that it is for the Government of India to decide its diplomatic stance on international matters like the Israel–Palestine conflict and questioned the petitioner on why they wanted to create a situation where the country would be forced to take sides. Dismissing the plea, the other bench had observed that issues concerning international conflicts like Gaza are best handled by the Ministry of External Affairs, especially when the petitioner’s stand differs from that of the Government of India.
Following the dismissal, the CPI(M) issued a press note publicly criticising the High Court’s observations. “We appeal to the freedom- and democracy-loving people of the country to join us in unambiguously rejecting such a reprehensible attitude,” the note said.
On August 5, 2025, Senior Advocate SM Gorwadkar urged the court to take suo motu cognizance of the press note, highlighting the contemptuous tone adopted by the party. He submitted that the language used was a clear attempt to erode public confidence in the judiciary.
The bench, however, declined the request. It added that since the party had been asserting its right to condemn the court’s order, let them do it.
In its press note, the CPI(M) strongly condemned the remarks made by the bench. “The Polit Bureau of the CPI(M) strongly condemns the observations of the Bombay High Court bench while rejecting an application by the Party to challenge the Mumbai Police’s refusal to allow a protest action against the ongoing Israeli genocide in Gaza,” the note stated.
Criticising the court further, the note read: “While doing so, the court went to the extent of calling into question the patriotism of the Party. Ironically, the bench appears to be unaware of either the provisions of the Constitution, which enshrine the rights of a political party, or the history of our country and our people’s solidarity with the Palestinians and their legitimate right to a homeland. The observations smack of distinct political bias in line with the central government.”
These observations, the party added, overlook the fact that Mahatma Gandhi in the 1940s, along with the national movement and the foreign policy of independent India, had consistently supported the Palestinian people’s right to freedom and a homeland.
“It also lays bare the fact that the bench does not realise the unequivocal condemnation globally against Israeli action and the stated positions of the UN bodies and the International Court of Justice,” the note said.
Case Title: Communist Party of India (Marxist) through Shailendra Kamble vs State of Maharashtra
Date: August 12, 2025
Bench: Justices Ravindra Ghuge and Gautam Ankhad