Bombay High Court Restrains Political Parties From Conducting 'Bandh' To Protest Against Badlapur Sexual Assault Case

The Bombay High Court has restrained the Maha Vikas Aghadi (MVA) from carrying out a state-wide 'bandh' in Maharashtra tomorrow (24 August).

The bandh was called by the MVA, a political coalition of Congress, NCP (Sharad Pawar Faction) and the Shiv Sena (Uddhav Thackeray Faction) to protest the sexual assault of two minor kindergarten girls in a school at Badlapur in Thane.

A Public Interest Litigation (PIL) was filed seeking a declaration that the bandh is illegal and unconstitutional.

The Division Bench of Chief Justice Devendra Kumar Upadhyaya and Justice Amit Borkar orally pronounced the order today.

The Court said “Until further orders, all parties are restrained from proceeding with the bandh on August 24 or any other subsequent date.”

The Court directed the State authorities to strictly enforce the order of division bench of Bombay High Court in the case of B. G. Deshmukh and ors. vs. State of Maharashtra and ors. (Writ Petition No.2827 of 2003), where it was declared that a bandh or hartal by a political party, organisation or association would amount to an unconstitutional act.

The petitioners argued that the State-wide bandh would cripple the entire state machinery and cause great inconvenience to the common people. It was stated that the past bandhs/agitations in the State led to destruction of public property and caused economic losses.

One counsel argued that the bandh would impact schools, where children get mid-day meals. Further, that the bandh would cause hardships to economically weaker sections of society.

While acknowledging the severity of the sexual assault case, the counsel questioned the need for bandh when SIT has been constituted for the case and a coordinate bench of the Court has already taken suo-moto cognisance. The counsel stated that as a result of the protests against the sexual assault, trains were stopped for around ten hours and that there were instances of stone pelting.

Another counsel contended that it is the fundamental duty of citizens under Article 51A of the Constitution to safeguard public property and abstain from violence.

The petitioners argued that the State should deal with such situations with an iron hand.

The petitioners relied on the case of Bharat Kumar K. Palicha And Anr. vs State Of Kerala And Ors (1997), where the full bench of Kerala High Court had held that calling of a bandh by political parties was unconstitutional and illegal. It was observed in the case that political parties are liable to pay compensation to the government and private citizens for the losses suffered.

Case Title: Nanda Bai Sarjerav Misal versus State of Maharashtra (PIL/108/2024)