The Bombay High Court on Tuesday quashed and quashed a notice issued by a senior police inspector of Mahim police directing the organizers of the annual Mahim Mela (Mahim Mela) on December 24 and 25 to cancel the fair due to traffic jams in the area.
The bench observed that the only apprehension raised by the police was that of traffic jams and “the duty of the respondents to manage the traffic jams by deputing additional staff cannot be a ground for revoking the permit”.
“Such fairs/events form part of the social fabric in which people from all walks of life participate. Such a sudden/sudden notification cannot deprive them of their participation and enjoyment, which has been celebrated for over a hundred years,” the bench said, quashing the December 23 notification to stop the fair centered on the shrine of religious scholar Hazrat Makhdoom Faqih. Ali Mahimi to celebrate his life and teachings.
A Bida bench of Justices Shivkumar G Digge and Advait M Sethna was hearing a plea by Zahid Khamisa, owner of Angel Land, Agripada, a firm that has been operating amusement rides and activities at Mahim Mela, Reti Bandar, Mahim since 1986 in Mumbai.
Advocate Prasanna A. Bhangale, on behalf of the petitioner, argued that he had obtained the necessary permission from the authorities, including the premises license issued by the Commissioner of Police, Mumbai, and it was valid from December 14 to 25. Bhangale added that the petitioner also received a No Objection Certificate (NOC) from the authority on December 12, which is valid till December 25.
In addition to the traffic jam, it has been mentioned in the notice that on December 25, people from the Christian community will gather in large numbers at the nearby St. Michael’s Church and there may be some untoward incident.
Bhangale claimed that Mahim Mela has been going on since 1901 and the petitioner and others have been running shops and entertainment there peacefully for the past few years without any untoward incident.
He added that the petitioner received a notice containing the ban on Monday night citing “sudden closure of the fair” due to traffic and Christmas celebrations and that he was shocked and surprised.
On behalf of the police, Additional Public Prosecutor Prajakta P Sinde opposed the writ and said that the Mahim Mela will be held on the right side of the road and traffic jams will occur in that area. He said that he had issued a notice as per law and demanded that the petition be dismissed.
The bench mentioned that the petitioner was given a premises license by the police on 5th December last, and if there is any complaint from the general public, such license will be revoked or revoked.
“There is no mention of any complaint from the public in the said restricted notification,” the bench said, “The suspicion of traffic jam alone cannot be the basis for revoking the permission.”
Allowing his petition, the bench directed the petitioner to cooperate with the respondent authorities and the firm can open or operate their stalls and vehicles.
Why should you buy our membership?
You want to be the smartest in the room.
You want access to our award-winning journalism.
You don’t want to be confused and misinformed.
Choose your subscription package