Bombay High Court Orders Evacuation of Farm Loan Waiver Protesters Blocking Nagpur Highway

The Bombay High Court's Nagpur bench has ordered Prahar Janshakti Party leader Bachchu Kadu and thousands of protesters to immediately vacate National Highway 44, where they were staging unauthorized demonstrations demanding farm loan waivers. Justice Rajnish Vyas ruled that while protest rights exist, blocking a National Highway violates citizens' fundamental right to free movement, causing 20-kilometer traffic jams affecting private vehicles, ambulances, and access to critical facilities like the Nagpur airport and National Cancer Institute.

Court Orders Protesters Seeking Farm Loan Waivers To Vacate Highway In Nagpur

Nagpur:

On Wednesday, the Bombay High Court's Nagpur bench issued directives to Prahar Janshakti Party leader Bachchu Kadu and his supporters to immediately evacuate the National Highway where they were conducting a protest demanding complete farm loan waiver on the outskirts of the city.

Justice Rajnish Vyas, presiding over a vacation bench, took suo motu cognizance of the matter after seeing media reports, and stated that Kadu and his supporters were continuing their demonstration without proper authorization.

The court acknowledged the protesters' rights but emphasized that blocking a public road, particularly a National Highway, violates citizens' fundamental right to freely move throughout India's territory.

"In such situations, the judiciary must take a proactive role as the protector of fundamental rights guaranteed by our Constitution," the court stated.

The 'Maha Elgar Morcha' has attracted thousands of demonstrators led by former Maharashtra minister Omprakash alias Bachchu Kadu.

The high court noted that police had only granted Kadu permission to protest on October 28 at Mouza Parsodi in Nagpur for a single day, as per an October 26 authorization.

"It is clear prima facie that the agitation/protest has continued without permission, and the problems faced by the general public have intensified," the high court observed.

The bench ordered Kadu to remove himself and his supporters from the protest site immediately.

The court mandated that the removal should be conducted peacefully without causing any disturbance to law and order or public peace.

The high court warned that stern action would be taken against Kadu and his supporters if any damage occurs to public property.

If the protesters fail to vacate the streets and public areas where the demonstration is ongoing, the court directed police authorities to take all necessary measures to remove the protesters and restore normal traffic flow.

The bench instructed the Nagpur city police commissioner to submit a compliance report on Thursday morning.

Additionally, the court specified that any specially abled persons at the protest should be removed with dignity.

Justice Vyas highlighted the extreme inconvenience suffered by the public due to traffic congestion on National Highway No. 44, commonly known as Wardha Road, because of the agitation by more than 10,000 protesters demanding loan waiver under Bachchu Kadu's leadership.

"Travelers have experienced a 20-kilometer traffic jam affecting not only private vehicles but also ambulances and police vehicles," the court noted.

The court pointed out that the Nagpur airport is located on this highway, which is also used to access the National Cancer Institute. Additionally, a hospital and several schools are situated along the highway, and it connects to the Mumbai-Nagpur Samruddhi Expressway.

Advocate Devendra Chauhan represented the government during the hearing.

Source: https://www.ndtv.com/india-news/hc-orders-kadu-protesters-to-vacate-national-highway-says-agitation-continued-without-permission-9539646