Bombay High Court Halts Scheduled Maharashtra Bandh on Constitutional Grounds

The Bombay High Court issued an order on Friday to prevent political parties and individuals from proceeding with the Maharashtra bandh planned for August 24 and any future dates. The decision comes in response to petitions challenging the legality of the bandh called by the opposition Maha Vikas Aghadi (MVA) alliance, which includes Shiv Sena (UBT), Congress, and the Nationalist Congress Party (NCP) led by Sharad Pawar.

The bandh was initially organized to protest the alleged sexual assault of two kindergarten girls in a school in Badlapur, Thane district. However, a division bench comprising Chief Justice D.K. Upadhyaya and Justice Amit Borkar ruled against the shutdown, citing a July 2004 judgment by the high court which deemed the enforcement of a bandh or hartal as an unconstitutional act.

In their ruling, the judges reiterated that any political party organizing such a shutdown would be liable to legal action and could be compelled to compensate for any loss of life, property, or livelihood resulting from the bandh. The court directed the Maharashtra government to enforce this principle stringently.

“We direct the state government and all its functionaries including the Chief Secretary, Additional Chief Secretary (Home), the Director General of Police, and all district Collectors to strictly enforce the guidelines prescribed in the 2004 judgment,” the court stated.

Advocate General Birendra Saraf assured the court that the state government would take all necessary steps to prevent any damage or disruption to human lives or property and emphasized that everyone should abide by their constitutional responsibilities.

The court also inquired about preventive measures taken by the government. Saraf informed that while notices had been issued to some individuals, no arrests had been made thus far.

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Petitioners’ advocates Subhash Jha and Gunaratan Sadavarte cited a Kerala High Court judgment, arguing that no political party has the authority to call for a statewide bandh and that the High Court has sufficient power to intervene.