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Bombay High Court Declines Contempt Action Over CPI(M) Criticism

By ignoring the CPI(M) press note, the bench emphasized judicial restraint in reaffirming its earlier rejection of protest permission.

Overview

  • On August 4, the Bombay High Court refused to take suo motu contempt proceedings against the Communist Party of India (Marxist) for its public criticism of the court’s July 25 observations.
  • Senior advocate S. M. Gorwadkar urged the bench to treat the CPI(M) press release as criminal contempt, citing precedent, but Justice Ravindra Ghuge rejected the request.
  • The court affirmed that political parties have a constitutional right to criticize judicial orders and signaled its willingness to ignore adverse commentary rather than punish it.
  • The ruling upheld the July 25 decision by a division bench to dismiss CPI(M)’s petition challenging Mumbai Police’s denial of protest permission at Azad Maidan under BNSS and the Maharashtra Police Act.
  • The bench reproached the party for prioritizing a Gaza solidarity rally over Mumbai’s civic issues and highlighted procedural defects in the All India Peace & Solidarity Organisation’s application.