Tipu Sultan’s legacy is part of our history, and celebrating it should not be seen as a threat but an opportunity for reflection, says Justice Shiv Kumar Dege
Team Clarion
MUMBAI — The Bombay High Court has directed the police to facilitate a rally commemorating the birth anniversary of Tipu Sultan, the 18th-century ruler of Mysore, after authorities initially denied permission citing potential law-and-order issues. The rally, planned in the Baramati area of Pune district, had sparked a legal battle led by Majlis-e-Ittehad-ul-Muslimeen (MIM) leader Faiz Sheikh, whose petition challenged the police’s decision.
The two-judged bench, comprising Justice Revati Mohite Dere and Justice Shiv Kumar Dege, unequivocally stated, “Holding a rally on the birth anniversary of Tipu Sultan is not a crime.” The court directed the Pune Superintendent of Police to review the proposed routes, determine suitable paths, and ensure necessary security arrangements for the event.
The controversy began when the Pune police refused permission for the rally, citing threats to public order and objections from certain organisations. Public prosecutor Kranti Herole supported the police’s stance, arguing that tensions during last year’s events had led to the decision. However, the petitioner’s legal team, including Tapan Thatte and Vivek Arote, countered these claims in court.
“The Constitution of this country celebrates icons like Rani Lakshmi Bai and Tipu Sultan. Organising a rally to honour Tipu Sultan is neither a crime nor a provocation,” argued the lawyers. They also clarified that the event was to be held in a private area, avoiding any Hindu-majority neighbourhoods, which had been a concern raised by the police.
Addressing the objections raised by the prosecution, Justice Revati Mohite Dere remarked, “The police must ensure law and order by proper planning rather than denying citizens their rights.” The court also highlighted that the police lacked substantial evidence to justify the ban, emphasising that the Constitution guarantees freedom of expression and assembly.
The bench instructed the police to fix a route for the rally, adding, “Reasonable arrangements for security must be made to ensure the event takes place peacefully.”
Tipu Sultan wasa a valiant warrior and reformist ruler of Mysur. He is regarded as a true patriot who fought against colonial forces. Some groups allege that he was against Hindus during his reign. Events commemorating his legacy frequently draw sharp reactions, especially in politically charged regions like Karnataka and Maharashtra.
The rally in Pune is part of a larger effort by the MIM and its supporters to celebrate the contributions of Tipu Sultan to India’s history. Critics, however, argue that such events could stoke communal tensions.
MIM leader Faiz Sheikh expressed satisfaction with the court’s ruling, saying, “This is not just a victory for our community but for the principles of democracy and justice. Tipu Sultan was a patriot who fought against colonial forces, and his legacy deserves to be honoured.”
However, opposition to the event remains steadfast. A member of one of the protesting organisations, who chose to remain anonymous, commented, “Such rallies disrupt harmony and glorify divisive figures. The authorities should prioritise public peace over political agendas.”
The case underscores the delicate balance between maintaining public order and upholding constitutional freedoms. With the next hearing scheduled for December 17, all eyes are on the police’s response and their proposed security measures.
As Justice Shiv Kumar Dege pointedly remarked during the hearing, “Our duty is to uphold the law and ensure that every citizen’s rights are protected. Tipu Sultan’s legacy is part of our history, and celebrating it should not be seen as a threat but an opportunity for reflection.”
This ruling not only allows the rally to proceed but also reinforces the judiciary’s role as a guardian of democratic values in a diverse and complex society.