Bombay HC Restrains Political Parties To Call For 'Bandh' Over Badlapur Rape Case

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Synopsis

The bench proceeded to issue notices to the political parties and also directed the state to follow the guidelines laid down by the court in the BG Deshmukh case, where the high court declared the act of calling a 'Bandh' as unconstitutional.

The Bombay High Court has halted the Maharashtra Bandh announced by the Maha Vikas Aghadi (MVA).

"From the material made available before us, 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 call for cessation of all kinds of activities which will result in the life of the State coming to halt, that may entail heavy loss to the industrial activities, business activities, economic activities and other such activities," the order reads.

A division bench of the High Court, comprising Chief Justice Devendra Upadhyaya and Justice Amit Borkar, was hearing a plea against the bandh announced by the MVA, which includes the Uddhav Balasaheb Thackeray (UBT) Shiv Sena, the Nationalist Congress Party (NCP), and the Congress on August 24.

The bandh was called by the political alliance in response to the sexual assault of a 4-year-old kindergarten student.

The high court proceeded to issue notices to all three political parties and restrained them from calling for any bandh until further orders.

Advocate Gunratan Sadavarte, appearing for the petitioner, submitted that the bandh was politically motivated and would disrupt the distribution of milk and hospital services.

Advocate General Birendra Saraf informed the bench that the state would take necessary steps to prevent damage to life and property.

The bench observed if the bandh was permitted then the entire lifeline of Mumbai may come to an halt. 

"Such a call, if observed, is 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. 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 order reads. 

The bench, therefore, proceeded to issue notices to the political parties and also directed the state to follow the guidelines laid down by the court in the BG Deshmukh case, where the high court declared the act of calling a 'Bandh' as unconstitutional.