Manas Dasgupta
NEW DELHI, Aug 23: The Bombay High Court on Friday restrained any political party or individuals from going ahead with the Maharashtra bandh on August 24 or any subsequent date until further orders to protest against the alleged sexual assault of two schoolgirls in Thane district’s Badlapur.
The Chief Justice Devendra Kumar Upadhyaya said if the bandh was permitted on Saturday, it may “lead to crippling the life of entire Maharashtra” and “the entire life of Mumbai may come to a halt.”
The HC issued notices returnable on October 9 to respondents, including the state government, state Home department and political parties belonging to the MVA, including the Shiv Sena (UBT), NCP (SP) and Congress, in the pleas challenging the bandh.
The Opposition alliance Maha Vikas Aghadi (MVA) had called for a ‘Maharashtra Bandh’ on Saturday to protest against ‘perversion,’ urging citizens from all backgrounds to join the strike.
The protests in Thane’s Badlapur, erupted on August 20 when thousands of residents took to the streets and blocked railway tracks, expressing their anger over the alleged sexual assault of the young girls by a male school staff member, who was apprehended on August 17 and remained in police custody until August 26. Police have arrested 72 people in connection with the violence.
The former Chief Minister and Shiv Sena (UBT) leader Udhhav Thackeray had earlier appealed to the people that the bandh should be observed ‘strictly’ until 2 p.m. while ensuring that essential services continue to operate.
However, the court said, “Until further orders all concerned are restrained from proceeding on call for bandh in the state of Maharashtra on August 24 or any other subsequent date. At this juncture, we may also notice that the division bench of this court in the case of B G Deshmukh decided in July 2004, has issued various directions in view of challenges caused by calls given for bandh. The bench had declared that enforcement of bandh would amount to an unconstitutional act,” a division bench of Chief Justice Devendra Kumar Upadhyaya and Justice Amit Borkar noted.
It directed state government authorities, including the Chief Secretary, Home department, police and district administrations to strictly enforce all directions given in July 2004 in the B G Deshmukh case.
“The consequences which may be borne by the citizens in general, which include school-going children, daily wagers, office-going persons, businessmen, factory workers, shop keepers, persons employed with service sector and government servants etc., on account of the call of bandh tomorrow, may lead to crippling the life of entire Maharashtra,” it noted.
It added, “Based on past experiences of citizens due to calls of state-wide bandhs it need not be outlined as to what extent damage may be caused to loss of public and private properties, economic and business activities, the general health services and education of students.”
The court cited past Supreme Court verdict in AIADMK v Government of case and Kerala High Court judgment in Bharat Kumar case and opined that in case the bandh was not restrained, “huge loss of economy and business” along with hindrance for provision of essential services and health amenities would occur and the same needed to be prevented.
The bench referred to material provided by the petitioners, including copies of a news channel report citing announcement for closing local trains, buses and roads.
The HC prima facie held that the call for bandh on August 24 meant a “call for cessation of all kinds of activities which will result in the life of the state coming to halt.”
“Such a call, if observed, is likely to affect not only the studies of children and other students but will also adversely impact 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,” it added.
The HC heard two PILs, including one by lawyers Jaishri Patil and Gunratan Sadavarte, and another by one Nandabai Sarjerao Misal argued through advocate Subhash Jha and Hare Krishna Mishra seeking direction to declare the bandh illegal.
Advocate General Birendra Saraf for state government submitted that the government had been taking all steps as per guidelines issued in past judgments. He added that to an extent of declaring the bandh to be illegal, the state was in agreement with the petitioner as the same is violative of repeated directives in past judgments.
