Bombay High Court Rejects Contempt Plea Against CPI(M)

Fast Summary

• The Bombay High Court on August 4, 2025, declined to initiate suo motu contempt proceedings against the Communist Party of India (Marxist) [CPI(M)] for criticizing its remarks in a prior case.
• On July 25, 2025, a Division Bench dismissed CPI(M)’s plea to challenge Mumbai Police’s refusal of permission for a protest supporting Gaza.
• The court had remarked that Indian political organizations should prioritize domestic issues over international conflicts and questioned CPI(M)’s patriotism.
• Senior advocate Mihir Desai argued on behalf of the CPI(M), defending their intent to hold peaceful protests calling for a Gaza ceasefire. Police cited legal grounds under BNSS and the Maharashtra Police Act to deny permission.
• CPI(M) issued a press note condemning the court’s observations as “anti-constitutional” and alleged political bias aligning with the Central government.
• Senior advocate S.M. Gorwadkar requested criminal contempt proceedings over this criticism but Justice Ghuge refused, noting that criticism was within their rights.

Indian Opinion Analysis

The Bombay High Court’s decision reflects ongoing judicial caution regarding the boundaries between constitutional rights like free expression and localized governance priorities. By emphasizing domestic civic issues over international solidarity actions by registered political parties like CPI(M), the court appears focused on practical governance challenges India’s urban centers face. However, CPI(M)’s subsequent public critique underscores tensions between judicial authority and political freedom of speech.

This episode may hold implications for balancing national priorities with global humanitarian advocacy within India’s democratic space. It brings focus on how institutions interact amid pressing domestic concerns yet acknowledges differing interpretations of constitutional freedoms among stakeholders like courts and political entities.

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