Bombay High Court says ‘No’ to contempt proceedings against CPI(M)

The Bombay High Court on Monday (August 4, 2025) refused to initiate suo motu contempt proceedings against the Communist Party of India (Marxist) for publicly criticising the court’s recent observations while rejecting its plea to hold a protest in support of Gaza. 

On July 25, 2025, a Division Bench comprising Justices Ravindra Ghuge and Gautam Ankhad dismissed a petition filed by the CPI(M) challenging the Mumbai Police’s decision to deny permission for a protest at Azad Maidan against the ongoing conflict in Gaza. The court observed that the Indian political organisations should prioritise domestic issues over international conflicts.  

The Bench pulled up the petitioners for focusing on matters outside the country and said, “Our country has enough issues to deal with. We do not want anything like this. I am sorry to say that you are short-sighted. You are looking at Gaza and Palestine while neglecting what is happening here. Why don’t you do something for your own country? Look at your own country. Be patriots. People say they are patriots, but this is not patriotism. Show patriotism for the citizens of our own country first,” the Bench remarked sharply during the hearing.  

Senior advocate Mihir Desai, appearing for the CPI(M), told the Bench that on June 13, 2025, his client sought permission from the Azad Maidan police to hold a peaceful protest in solidarity with Gaza, calling for a ceasefire. 

However, on June 17, the police denied the request, citing powers under Section 168 of the Bharatiya Nagrik Suraksha Sanhita (BNSS) and Section 68 of the Maharashtra Police Act, 1951. 

Mr. Desai argued that political parties had historically raised important issues and organised health and education camps. 

The court noted that the CPI(M), being a registered political party, should ideally be engaging with local civic concerns. “You are a registered party in India. Your party could have taken up issues such as garbage dumping, pollution, drainage, or flooding. Why are you not protesting on these issues? We are only giving examples. Instead, you want to protest over something happening thousands of miles away and showing concern for Palestine and Gaza,” the Bench observed. 

Following the court’s observation, the CPI(M) released a press note on July 25, condemning the High Court’s “anti-constitutional” observations. It said, “The Polit Bureau of the CPI(M) strongly condemns the observations of the Bombay High Court Bench while rejecting an application by the party to challenge the Mumbai Police’s refusal to allow a protest action against the ongoing Israeli genocide in Gaza.” 

The note further said, “While doing so, the court went to the extent of calling into question the patriotism of the party. Ironically, the Bench appears to be unaware of either the provisions of the Constitution which enshrines the rights of a political party, or the history of our country and our people’s solidarity with the Palestinians and their legitimate right to homeland. The observations smack of distinct political bias in line with the Central government.”  

On Monday (August 4, 2025), senior advocate S.M. Gorwadkar urged the court to take suo motu cognisance of the CPI(M)’s press note as criminal contempt. He argued that the language used by the party was an attempt to attribute motive to the judges and could erode public confidence in the judiciary. He cited previous cases, including the one involving advocate Prashant Bhushan, to support his argument and requested that notice be issued to the Advocate General.  

Justice Ghuge dismissed the suggestion and noted that the Bench chooses to ignore the press note and that the party has been saying that they have the right to criticise and condemn the court’s order, calling it unconstitutional, “that is their opinion”, so let them do that.