The Bombay high court on Friday rejected the Jagrut Nagrik Manch's petition seeking the use of the Mumbai Metropolitan Region Development Authority for the use of its ground in Bandra-Kurla Complex, either for free or at concessional rate, for the proposed fast by Anna Hazare to protest against the government Lokpal Bill.
A bench of Justices PB Majmudar and Mridula Bhatkar came down strongly on the Manch and the India Against Corruption, observing during the hearing that it cannot decide if the agitation is in the public interest or national interest. "In our view this is not a case where we can compel the MMRDA to exempt the charges."
In the morning, when the matter came up for hearing, the judges observed, "We don't know what the Lokpal is, how is this helping the nation, how can we take judicial notice. We are here to uphold constitutional law. We believe in the democratic setup of the country. If we interfere like this and allow you to agitate, will it not be interfering in the functioning of Parliament?"
"If you think the elected representatives are not doing their duty, then what should you do, you should replace them. The judiciary has to function within parameters. The remedy is available in elections. If the bill is passed or not, we are not allowed to interfere in the democratic process, we cannot be interfering in the parliamentary procedure. There is a remedy available to challenge it in the appropriate manner."
When the IAC suggested that the chief minister of Maharashtra be asked if the gates of Azad Maidan can be opened for the anshan, the court asked it to take instructions from the appropriate authority, "if need be check with the attorney-general and get back by 3 pm".
The judges also observed that a bill had been introduced in Parliament, so "a parallel canvassing cannot happen and if the court becomes a party, we cannot do that.
"We can't ask the public authority to give the maidan free of charge. We never heard in Gandhi's days of such parallel canvassing against a Bill ever happened. Judicial review in such cases may not be permissible. We cannot compel MMRDA to give you the space. We have to uphold the Constitution," they said.
"Which bill is to passed is the prerogative of Parliament. Your demand is not in judicial purview. You tell me who is the authority to make and pass law.. I completely agree it is your right to agitate, but your case is not in our judicial purview."
In the afternoon, when the court convened, the government said that the plea for allowing Anna Hazare's fast at Azad maidan had been rejected.
And with the court refusing to intervene in getting the MMRDA ground for it, Team Anna has been painted into a corner.
