Bombay High Court Addresses Petition Against Maha Vikas Aghadi’s Bandh Call
Mumbai, Aug 23 : On Thursday, the Bombay High Court considered petitions challenging the constitutionality of a bandh called by the Maha Vikas Aghadi (MVA) in protest against the handling of a sexual assault case in Badlapur. The court was asked to declare the bandh as ‘unconstitutional and illegal’.
A bench comprising Chief Justice DK Upadhyaya and Justice Amit Borkar initially declined to entertain the petitions, noting that the existing laws were sufficient and that the state machinery was equipped to manage any potential law and order issues arising from the bandh.
Chief Justice Upadhyaya emphasised that the court should not be drawn into political matters, stating, “What orders do you expect from all this? This is a call given by a political party. Why do you want to drag the court into this? The state is there for that. We do not want the court to be dragged into this. It is simple.” He further added, “Court ko kamsekam chor diya karo” (At least leave the court out of it).
Despite the court’s initial reluctance, the petitioners pressed for intervention, arguing that the potential for unrest required judicial oversight. Advocate Gunratan Sadavarte, representing himself and his wife Jaishri Patil, contended that while the assault case in Badlapur was serious, politicising the issue with a bandh could lead to further disturbances. Sadavarte highlighted that his complaint with the Kherwadi police station pointed to a risk of recurring protests similar to those witnessed earlier, stressing the need for preemptive action.
Advocates Subhash Jha and Hare Krishna Mishra, representing Nandabai Sarjerao Misal, a daily wageworker from Thane, argued that recent state-wide disruptions, such as those caused by Maratha reservation protests, demonstrated the state’s inability to handle political agitation effectively. They urged the court to scrutinize the state’s preparations for managing the bandh.
Advocate General Biren Saraf, representing the state, assured that measures were being taken to maintain law and order. He suggested that the court could consider declaring the bandh illegal if deemed necessary.
The bench decided to hear the case, with a cautionary note against political contentions. “Alright we will hear, but there should be no political overtones in any argument. We will stop hearing immediately if there are any political allegations and counter allegations that are made,” the court stated.
The MVA has called for a bandh on August 24, demanding action against the Badlapur police’s alleged negligence in handling the sexual assault of two toddlers at a local school. The accused, Akshay Shinde, has been charged under various sections of the Protection of Children from Sexual Offences (POCSO) Act, including sections related to rape, assault, and sexual harassment.