Mumbai: The Bombay High Court on Friday restrained political parties and individuals from calling for a Maharashtra bandh “on August 24 or on any other subsequent date” observing that the call for bandh was “unconstitutional”. It further noted that if the political parties are not restrained from calling bandh, then it would cause huge loss and cause inconvenience to the public.
“We are of the opinion that in case the direction by this Court restraining all concerned from proceeding with the call for Bandh is not given, huge loss, not only in terms of economy and business, but also in terms of providing essential services and basic amenities including health services will occur which needs to be prevented,” a bench of Chief Justice DK Upadhyaya and Justice Amit Borkar said.
The court has also issued notices to the Congress party, Shiv Sena (UBT) and NCP Sharad Pawar, while directing the State to take all necessary steps to meet the challenges caused in the situation. The HC has also directed the State government and all its functionaries including the chief secretary, additional chief secretary of home department, Director General of Police and collectors to strictly enforce the guidelines given in the BG Deshmukh judgement of July 23, 2004.
The bench noted that the HC, on July 23, 2004, in a judgement passed in a case filed by BG Deshmukh against the bandh called by Shiv Sena supremo Bal Thackeray in 2003, had declared that “enforcement of a Bandh would amount to an unconstitutional act”. The HC had then issued various directions to meet the challenges caused by a call given for Bandh, including collecting damages from political parties for destruction of public and private properties.
The opposition Maha Vikas Aghadi (MVA) has called for a state wide bandh on Saturday to protest against the alleged sexual assault of two kindergarten girls at a school in Badlapur inside the school's washroom by a male attendant who was hired on contractual basis on August 1. The FIR in the case was registered only on August 16.
The HC was hearing two petitions – one filed by lawyer Jaishri Patil, through advocate Gunaratna Sadavarte, and another by Nandabai Sarjerao Misal, through advocate Subhash Jha – challenging the call for bandh contending that the same is illegal.
The advocates submitted that political parties have announced that on Maharashtra Bandh, the local trains, buses and roads shall be closed. They highlighted the recent instances of agitation called by the Maratha community members demanding reservation and said that the state administration had not been able to handle the situation and the entire state machinery was crippled.
The court noted that it is “prima facie” convinced that the call for bandh given by the political parties means “call for cessation of all kinds of activities which will result in the life of the State coming to halt, that may entail heavy loss to the industrial activities, business activities, economic activities and other such activities”.
“Such a call, if observed, is likely to affect not only the studies of children and other students but will also impact adversely the emergency services such as health services and other public conveniences like supply of electricity and water and the services of local trains in Mumbai. It is needless to say at this juncture that local trains in Mumbai are its lifeline and in case the call of Bandh is permitted to be observed, it is likely that the entire life of Mumbai may come to a halt,” the bench underlined.
The CJ requested the parties in the matter not to indulge in any kind of press statement. “My primary concern is that the court should not be dragged into it (political allegations),” he said.
On a court query, Advocate General Birendra Saraf told the bench that they have taken all precautionary measures but emphasised that the call for strike was illegal. Saraf said that they have issued notices to few people under Section 149 of Bharatiya Nyaya Sanhita, which deals with acts of collecting arms intended for waging war against the Government of India. The HC has kept the matter for hearing on October 9.
