The Bombay High Court on Friday (August 23) restrained political parties or even individuals from calling for a Maharashtra bandh.
The opposition Maha Vikas Aghadi (MVA) alliance had planned a state-wide shutdown on August 24 to protest the alleged sexual assault of two kindergarten girls at a school in Badlapur, Thane district.
A bench of Chief Justice D.K. Upadhyaya and Justice Amit Borkar directed the Maharashtra government to take all necessary measures to prevent the bandh. The court indicated that a detailed order would follow shortly on two petitions filed on Friday by advocates Subhash Jha and Gunaratna Sadavarte, challenging the bandh call.
“We are restraining any political party and/or any individual from calling for a bandh. The state shall take all preventive steps,” the division bench stated.
State Advocate General Birendra Saraf informed the court that the call for a general strike was illegal.
“The state government will take all steps to ensure there is no damage or destruction of human lives or property. The state will fulfill its duties, but everyone has constitutional responsibilities that they should adhere to,” Saraf stated.
The court inquired about the preventive measures taken by the government and whether any arrests had been made. Saraf responded that notices had been issued to some individuals, but no arrests had yet occurred.
Advocates Jha and Sadavarte referenced a judgment from the Kerala High Court, which held that no political party can call for a state-wide bandh, and argued that the High Court has sufficient powers to intervene in such matters. They also highlighted the destruction of public property during the Maratha reservation agitation.
