On February 23 a division bench of Justice Abhay Oka and Justice Anil Menon has directed the Registry to clarify why it's office has put a remark that the matter will come up before another bench headed by justice Dharmadhikari despite the matter being assigned to it by the chief justice. The bench on Thursday took on record a letter of March 4 wherein the chief justice has assigned the PIL to it.
On February 12, summarily rejecting a petition by International Society for Krishna Consciousness to hold the Jagannath Rath Yatra on February 21, the bench said the Yatra cannot be permitted at the cost of breaching the court's earlier order forbidding use of the Park for non-sporting activities.
BMC's counsel S U Kamdar said the May 2010 order passed in the pending PIL filed by Wecom Trust, directing the Park to be notified as a silence zone, the court had carved three exceptions, - Republic Day, Maharashtra Day and Dr Ambedkar's death anniversary. While permissions were subsequently granted, the court ultimately ordered that except these three events, others will not be allowed without prior permission of the court. The judges said that except for exceptions carved out in the May 2010 order, the use of Shivaji Park cannot be made for any function other than a playground. They then said they shall expeditiously take up the final hearing to decide the issue.
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