Bombay HC halts Maha bandh called by MVA

Mumbai: The Bombay High Court on Friday restrained political parties and individuals from proceeding with the Maharashtra bandh scheduled for August 24 or on any future date. The opposition Maha Vikas Aghadi (MVA) alliance had called for a shut-down across the state on Saturday to protest against the alleged sexual assault of two kindergarten girls at a school in Badlapur in Thane district. The MVA comprises the Shiv Sena (UBT), the Congress and the Sharad Pawar-led NCP (SP).

A division bench of Chief Justice D K Upadhyaya and Justice Amit Borkar said it was restraining any political party or individuals from proceeding with the call for a bandh and said the Maharashtra government shall take all necessary preventive steps. “Until further orders all concerned (political parties and/or individual) are restrained from proceeding with the call for bandh on August 24 and also on any other further date,” the HC said. The court passed the order on two petitions filed on Friday through advocates Subhash Jha and Gunaratan Sadavarte challenging the shutdown call and seeking the court to restrain the same. The bench relied on a July 2004 judgment passed by the HC in which it held that the enforcement of a ‘bandh’ or a ‘hartal’ would amount to unconstitutional act.

The 2004 judgment said in case of such bandh, the political party would be liable to legal action and also to compensate for any loss of life, property or livelihood. The judgment had further said police shall take appropriate action against the person or persons involved in such ‘bandh’.

Chief Justice Upadhyaya on Friday said the state government shall strictly enforce this 2004 judgment. “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 said.