Bombay HC Bars Eknath Shinde's Shiv Sena And MNS From Holding Dahi Handi At Bhandup Over Law & Order Concerns

Mumbai: The Bombay High Court has refused to permit either Eknath Shinde’s Shiv Sena or the Maharashtra Navnirman Sena (MNS) to organise Dahi Handi celebrations at Ashok Kedare Chowk, Bhandup West, on August 16, after police warned of potential law and order issues.

Court Rejects Festival Pleas

A bench of Justices Girish Kulkarni and Arif Doctor was hearing a petition by Sandip Jalgaonkar, 56, formerly with the MNS but now with the Shinde Sena. Jalgaonkar sought directions to the Brihanmumbai Municipal Corporation (BMC) to allow his organisation, Shri Swami Samarth Social Foundation, to hold the festival from 10am to 10pm.

He claimed all statutory permissions had been secured and a safety-compliant stage plan prepared. “Every year I am holding it. There has never been any issue. I will file an undertaking before this court,” he said, calling the event “an annual traditional and cultural festival of significance.”

The MNS, intervening in the case, argued it has traditionally organised the event at the same venue and had not been made a party to Jalgaonkar’s plea. “This petition was moved without intimating us,” its counsel said, adding they too had applied for permission.

The court suggested staggered timings for both groups, but the MNS refused. Additional government pleader informed the bench that the police had denied permission to both, warning that if one was allowed and the other denied, “it may create issues.”

Rival Applications Cause Conflict

The bench noted the petitioner earlier headed the MNS’s Bhandup Vidhansabha unit, which organised the same festivities. This year, however, two rival applications were received — one from the MNS and another from Jalgaonkar’s foundation.

Police Warn of Law & Order Risk

The assistant commissioner of police (ACP), Bhandup Division, in an August 13 communication to the BMC, stated that granting permission to either group was “likely to create a serious law and order situation.”

Observing that neither the ACP nor the police department was a party to the proceedings, the court said: “We cannot question the wisdom of the Police Department in taking this decision which is in the larger public interest of maintaining law and order… As the permission itself has been rejected, the petition cannot be entertained.”

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Possibility of Future Reconciliation

While dismissing the plea, the court clarified it was not examining the legality of the police communication, which had not been challenged. It added the dismissal “would not prevent the parties from reconsidering and reconciling” so the festival could still be held if authorities later found it feasible.