Bombay High Court Takes Note Of Inconvenience To Citizens Due To Bachchu Kadu-Led Farmers' Protest, Asks To Clear Site Immediately

The Bombay High Court on Wednesday took suo motu cognisance of the "suffering and disturbance" caused to the citizens due to the ongoing protests at the National Highway 44 (Wardha Road) by farmers under the leadership of former MLA Omprakash alias Bachchu Kadu.

Sitting at the Nagpur seat, single-judge Justice Rajnish Vyas presiding over a vacation court, also ordered Bachchu Kadu to forthwith clear the protest site peacefully and if they fail, the police is directed to take strict action as per law.

The judge took note of the news items published in a national daily and a local newspaper, highlighting the inconvenience caused to the citizens due to the protests by farmers under Kadu.

The news item shows that travellers have experienced 20 kilometer traffic jam and not only private vehicles could not move but also ambulances and police vehicles. On the said National Highway not only lies Nagpur Airport but for approaching National Cancer Institute, the National Highway is required to be used, the judge noted.

"Role of judiciary in such situation is required to be of proactive nature, it being protector of fundamental rights guaranteed under our Constitution. At the same time right of protestors can also not be ignored. Fact remains that public road, more particularly, a National Highway is blocked by the protestors which certainly violates fundamental right of the citizens to move freely throughout territory of India," Justice Vyas said in the order.

The judge further took into account the fact that the Nagpur City Police had by an order passed on October 26, permitted Kadu to hold a protest on October 28 at a specific land and the said permission was only for a single day.

"Prima facie, it is clear that without there being any permission, agitation/protest is still continued and problem faced by the public at large has increased. A judicial notice of the fact can be taken that not only Suretech Hospital, several schools are situated adjoining the National Highway but also the National Highway further gives a connecting way to Samruddhi Mahamarg," the judge underscored.

Suffice it to say that streets and public parks exist primarily for the other purposes and the social interest promoted by untrammelled exercise of freedom of utterance and assembly in public street must yield to social interest which prohibition and regulation or speech are designed to protect, the judge observed.

Therefore, the judge ordered Kadu and his protestors to forthwith clear the site and end the protest.

"If Mr Omprakash alias Bachchu Kadu and the protestors fail to remove themselves from the streets and other public places where protest is going on, police authorities including Commissioner of Police, of concerned area so also Superintendent of Police of concerned area as well as Additional Director General of Police, Highway Traffic and all other authorities are directed to take all necessary steps for removal of protestors and restoring flow of traffic to normalcy," the judge ordered.

The court has ordered the authorities to submit a compliance report by Thursday morning with a further directive that if some specially abled persons, senior citizens, women, children etc. are protesting for their cause, they shall be evicted or removed from the site, with all dignity.

Appearance:

Senior Advocate and Government Pleader DV Chavan and Assistant Government Pleader NS Rao appeared for the State Authorities.

Case Title: Court On Its Own Motion vs Omprakash alias Bachchu Kadu (Suo Motu PIL 9 of 2025)

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