Cabinet Only Expressed Grief For Farmers Who Died In Lakhimpur Kheri, Did Not Call For State-Wide Bandh: Maharashtra Govt Tells High Court

The Maharashtra government informed the Bombay High Court on Monday that it did not call for the Maharashtra bandh on October 11, 2021. The government was responding to a PIL against the 'state supported' bandh and seeking to compensate the victims.

Relying on the minutes of the State Cabinet meeting held on October 6, the state's affidavit mentions that the cabinet merely "expressed grief and offered its condolences and tributes to the farmers who died in the unfortunate incident that took place at Lakhimpur Kheri in Uttar Pradesh."

It said that the petitioners had incorrectly alleged that a decision to hold the bandh was taken in the Maharashtra cabinet meeting.

Another affidavit filed by Police Department said that the moment the Nationalist Congress Party (NCP) called for the bandh which was supported by other ruling coalition parties Shive Sena and Congress, the police machinery "immediately" took necessary steps to ensure that law and order situation is maintained throughout Mumbai District by providing additional Bandobast of Police Force constituting Police Riot Control Units and additional manpower to man the streets.

The PIL was filed by four senior citizens, including former IPS officer Julio Ribeiro, challenging the one-day bandh called by the three constituents of the Maha Vikas Aghadi (MVA) on October 11, 2021 to protest the death of farmers in Uttar Pradesh's Lakhimpur Kheri.

On Monday, the division bench of Chief Justice Dipankar Datta and Justice MS Karnik took the affidavits on record and clubbed the matter with another PIL filed on similar lines.

The bench then directed all the responds in the second petition to file their replies and adjourned the matter for final hearing on June 20, 2020. None of the parties from the ruling MVA government filed their responses to the petitions.

The bench had earlier said that consequences of their actions would following irrespective.

"If not, then we (court) shall proceed to hear the plea without their replies. If they (political parties) do not file their affidavits, then consequences will follow," Chief Justice Datta had said.

The PIL seeks to declare the state supported bandh, as 'illegal', and order the coalition parties of the Maha Vikas Aghadi Government to pay compensation to all those affected by the bandh.

The PIL had sought for the police to prosecute those responsible for damaging property and for the MVAGovernment's coalition - to 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. MVA allies called for the bandh in solidarity with farmers in the Lakhimpur Kheri incident in UP on October 3, where 4 protesters were killed after allegedly being hit by a convoy of three vehicles, including one belonging to Union Minister Ajay Misra.

The petitioners lawyer submitted to the court that the bandh had cost the State exchequer a loss of Rs. 3000 crore. Not only did the MVA Government support the  bandh but the  police also issued a diktat asking people not to venture outside.