Maharashtra Bandh : Bombay High Court Seeks State Govt Response On Plea For Compensation

The PIL also seeks orders for the coalition parties of the Maha Vikas Aghadi Government to pay compensation to all those affected by the bandh.

A bench of Chief Justice Dipankar Datta and Justice MS Karnik appreciated the concern raised by the petitioners but wondered if directing political parties to refrain from calling bandhs would have any effect.

"We wonder if directions of the court to political parties to refrain from calling bandhs would have any effect on them or not," the bench noted while issuing notice to all respondents.

It seeks directions to the police to identify and prosecute those responsible for damaging property, restricting citizens' movement, and prosecuting those at whose behest such acts were performed.

Further, coalition parties of the MVA Government - Shiv Sena, Indian National Congress and Nationalist Congress Party - pay exemplary damages to the centre and state government and those affected after setting up a Bandh Loss Compensation Fund, 2021.

Because of the bandh, all normal, social and economic activities were crippled, the PIL states.

"It would neither be inaccurate, nor would it be an exaggeration to say that the bandh that was called for and enforced on October 11, 2021 by MVA/the State Government of Maharashtra was certainly tantamount to ushering in a state of anarchy. Petitioners wish to strongly urge that such grave tendencies and diabolical proclivities deserve to be ruthlessly put down with an iron hand and also strongly penalised by this Hon'ble Court," the plea states.

MVA allies called for the bandh in solidarity with farmers in the Lakhimpur Kheri incident in UP on October 3, where four protesters were killed after being hit by a convoy of three vehicles, including one allegedly belonging to Union Minister Ajay Misra.

The decision for the bandh was taken by the three political parties in the course of a State Cabinet meeting held in Mumbai on October 6, 2021, to call for a state-wide bandh on October 11, 2021.

The petitioner's lawyer submitted that the bandh had cost the State exchequer a loss of Rs. 3000 crore. The MVA Government not only supported the bandh but the police also issued a diktat asking people not to venture outside.

Following a query, the petitioners informed the bench that the bandh was to protest the Lakhimpur Kheri violence and show solidarity with the farmers who died.

The CJ also sought to know how the affected citizens would be identified. He observed that real change required a change in the mind set.

The court then directed the state to file its response to the petition by January 30, 2022, the petitioner to file their rejoinder by February 13 and posted the matter for hearing on February 14.

The petition cites the apex court's judgement in the case of Communist Party of India vs Bharat Kumar (AIR 1998 SC 184), wherein the calling for and enforcement of a bandh by political parties was declared as unconstitutional and, therefore, illegal.

In accordance with the bandh, shops, restaurants, offices, in all 25 parts of the state were forced to shut down their shutters, in districts, especially the ones with bigger presence of MLAs from the these political parties Agricultural Produce Market Committees remained shut; supply of fruits and vegetables to the entire metropolis of Mumbai was halted.

Moreover, political parties and the opposition Bharatiya Janata Party (BJP), were at loggerheads over the bandh call which led to violence in several parts of the State.

Several other services were also affected, the PIL states.

The plea also said that the opposition party usually calls for bandhs, however, in Maharashtra the ruling coalition declared the bandh. "Thus, most regrettably, those who are expected to enforce and maintain the rule of law and protect and safeguard the fundamental rights and basic liberties of the citizens/persons, consciously chose to act, and also wantonly acted, totally contrary to what is expected from them in a civilised and democratic society."