Maharashtra bandh may cripple life, says HC; restrains parties from going ahead with protest

Mumbai, Aug 23 (PTI) The Bombay High Court on Friday restrained political parties or individuals from proceeding with a Maharashtra bandh over the Badlapur school sexual assault incident on August 24 or any future date, saying such a protest will paralyse normal life.

The judges relied on a 2004 High Court ruling which held the enforcement of bandhs or general strikes unconstitutional.

The court's detailed order came in the evening even as senior Opposition leader Sharad Pawar appealed for calling off the bandh while Congress said only a peaceful protest will be observed in view of the short directive passed by the HC earlier in the day.

A division bench of Chief Justice D K Upadhyaya and Justice Amit Borkar said if political parties and individuals were not restrained from proceeding with the call for bandh on Saturday, huge losses, not only in terms of economy and business but also essential services and basic amenities including health services will occur, which needs to be prevented.

The Opposition Maha Vikas Aghadi (MVA) alliance had called for a shutdown 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. The MVA comprises the Shiv Sena (UBT), Congress and the Sharad Pawar-led NCP (SP).

The high court passed the order on two petitions filed on Friday through advocates Subhash Jha and Gunaratna Sadavarte challenging the shutdown call and seeking the court to restrain political parties from proceeding with it.

The court said it was restraining any political party or individual from proceeding with the call for a bandh, and the Maharashtra government shall take all necessary preventive steps.

"Until further orders all concerned are restrained from proceeding with the call for bandh on August 24 and also on any other further date," the HC said.

"We are, prima facie, convinced that the call given by the political parties is a call to observe bandh tomorrow in the entire state of Maharashtra, which means a call for cessation of all kinds of activities which will result in the life of the state coming to a halt, that may entail heavy loss to industrial activities, business activities, economic activities and other such activities," the HC said.

The bandh call was likely to affect not only the studies of children and other students but will also impact adversely the emergency services such as health services and other public conveniences like supply of electricity and water and the services of local trains in Mumbai, the bench added.

"It is needless to say at this juncture that local trains in Mumbai are its lifeline and in case the call of bandh is permitted to be observed, it is likely that the entire life of Mumbai may come to a halt," the court noted.

The consequences of a bandh will be borne by the citizens including school-going children, daily wagers, office-going persons, businesspersons, factory workers, shop-keepers, persons employed in the service sector and government servants, the judges said.

"The bandh may lead to crippling the life of entire Maharashtra," the HC said, adding that in the past, citizens have suffered due to state-wide bandhs.

The bench relied on a July 2004 judgment of the HC which held that enforcing a bandh or 'hartal' (stoppage of work, businesses) would amount to an unconstitutional act.

In case of such a bandh being enforced, the political party which gave the call would face legal action and compensate for any loss of life, property or livelihood, as per the 2004 judgement.

Police must take appropriate action against a person or persons involved in enforcing a bandh, the ruling had said.

Chief Justice Upadhyaya on Friday said the state government shall implement the 2004 judgment strictly.

"We direct the state government and all its functionaries including the Chief Secretary, Additional Chief Secretary (Home), Director General of Police and all district Collectors to strictly enforce the guidelines prescribed in the 2004 judgment," the court said.

During the hearing, state Advocate General Birendra Saraf said issuing a call for such a strike or bandh was illegal.

"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 added.

The court asked Saraf what preventive steps the government had taken, and if any preventive arrests had been made. The advocate general said notices had been issued to a few persons, but no arrests had been made.

The petitioners' advocates Jha and Sadavarte pointed out a judgment of the Kerala High Court that said no political party can call for a state-wide bandh, and the HC has ample powers to interfere in such instances.

They cited the example of the Maratha reservation agitation in Maharashtra where the entire state machinery could not handle the situation and public property was destroyed in many places.

The high court's detailed order came in the evening. Before that, in view of the court's initial directive in the afternoon restraining any party or individual from issuing a bandh call, NCP (SP) chief Sharad Pawar appealed for withdrawal of the bandh. State Congress chief Nana Patole said only a peaceful protest with black bands tied around the mouths and black flags will be held across the state. PTI SP BNM KRK