No Maharashtra Bandh Today, Rules Bombay HC

Mumbai: The Bombay High Court on Friday barred political parties and individuals from organizing a Maharashtra bandh on Saturday (today), August 24.

The Bombay High Court on Friday restrained political parties or even individuals from calling for a Maharashtra bandh. The opposition Maha Vikas Aghadi (MVA) alliance has called for a shut-down across the state on August 24 to protest against the alleged sexual assault of two kindergarten girls at a school in Badlapur in Thane district. A division bench of Chief Justice D K Upadhyaya and Justice Amit Borkar said the Maharashtra government shall take all necessary steps to prevent a bandh.

They would pass a detailed order shortly on two petitions filed on Friday through advocates Subhash Jha and Gunaratna Sadavarte challenging the call for bandh, the judges said. "We are restraining any political party and/or any individual from calling for a bandh. The state shall take all preventive steps," the HC said. State Advocate General Birendra Saraf told the court that the call for general strike was illegal.

The court asked Saraf what preventive steps the government has taken, and if any preventive arrests have been made. Saraf said notices have been issued to a few persons, but no arrests have been made yet. Advocates Jha and Sadavarte pointed out a judgment of the Kerala High Court which held that no political party can call for a state-wide bandh, and an HC has ample powers to intervene in such matters.

They also cited the example of the Maratha reservation agitation during which a lot of public property was destroyed. The court's detailed order is expected by evening. 

Opposition leaders and workers will hold peaceful demonstrations and tie black bands around their mouth on Saturday as a mark of protest against the Mahayuti government in Maharashtra over a sexual abuse incident in a school, the Congress said on Friday after a Bombay High Court ruling on bandh in the state.

Maharashtra Congress president Nana Patole on Friday said Maha Vikas Aghadi (MVA) leaders and workers will protest against the BJP-Shiv Sena-NCP government with black flags and black band tied around their mouth at different locations in the state.

Earlier in the day, the HC restrained political parties and individuals from proceeding with the Maharashtra bandh scheduled for August 24 or on any future date.

The opposition MVA, which consists of the Shiv Sena (UBT), the Congress and the Sharad Pawar-led NCP (SP), had called for a state-wide shutdown on Saturday to protest against the alleged sexual assault on two kindergarten girls at a school in Badlapur in Thane district.

"Respecting the court's view, we will peacefully protest against the government between 11 am and noon with black flags and black bands tied around our mouth," Patole said.

He said the decision was taken after consulting NCP (SP) state president Jayant Patil and Shiv Sena (UBT) chief Uddhav Thackeray.

A division bench of Chief Justice D K Upadhyaya and Justice Amit Borkar said the Maharashtra government shall take all necessary steps to prevent a bandh.

Sharad Pawar's Withdrawl For Maharashtra Bandh:

In view of a Bombay High Court ruling, Nationalist Congress Party (SP) president Sharad Pawar on Friday appealed for withdrawal of Saturday's Maharashtra bandh called by the opposition Maha Vikas Aghadi (MVA).

The call for the bandh on Saturday (August 24) was given by the opposition alliance, of which the NCP (SP) is a constituent, to protest against sexual assault on two four-year-old girls in a school in Badlapur in adjoining Thane district allegedly by an attendant of the institute.

In a post on X, Pawar said the bandh call was given in exercise of fundamental rights enshrined in the Constitution, but the judiciary also needs to be respected.

Earlier in the day, the HC restrained political parties or even individuals from calling for a Maharashtra bandh. A division bench of Chief Justice D K Upadhyaya and Justice Amit Borkar said the Maharashtra government shall take all necessary steps to prevent a bandh.

"Due to time constraint it is not possible to appeal in the Supreme Court against the High Court order (on bandh). The Indian judiciary is a constitutional body and in respect of the order given, the bandh call should be withdrawn," Pawar said after the HC ruling.

The Rajya Sabha MP said there was tremendous anger over the shameful incident which took place in the Badlapur school and the bandh call was an attempt to draw the government's attention to the ire of people. 

"The state government will take all steps to ensure there is no damage or destruction of human lives or property. The state will do its duty but everyone has constitutional responsibilities which they should abide by," Saraf said.

High Court's Statement:

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.