Life Of State Will Come To Halt: Bombay HC Restrains Political Parties From Proceeding With Call Of Bandh In Maharashtra
The Bombay High Court restrained political parties from call of bandh in the state of Maharashtra on August 24 or any other subsequent date.
The Court said that the call of bandh if observed, is likely to affect not only the studies of children and other students but will also adversely impact 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 Court was hearing PIL Petitions that have been instituted expressing grave concern about the adverse consequences which the citizens of Maharashtra in general and those of Mumbai, in particular, are likely to suffer on account of a call of Maharashtra Bandh given by certain political parties.
The bench of Chief Justice Devendra Kumar Upadhyaya and Justice Amit Borkar observed, “…all concerned are restrained from proceeding with the call for Bandh in the State of Maharashtra on 24th August 2024 or any other subsequent date.”
Advocate General Dr. Saraf appeared for the Respondents.
The Court perused the material available on record and observed, “..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 Court mentioned the decision of the Supreme Court in Communist Party of India (M) vs. Bharat Kumar and Ors. reported in (1998) 1 SCC 201 where the Court affirmed the Full Bench judgment of Kerala High Court in the case of Bharat Kumar K. Palicha & Anr. vs. State of Kerala & Ors. reported in 1997 SCC OnLine Ker 134 and quoted, “No political party or organization can claim that it is entitled to paralyse the industry and commerce in the entire State or Nation and is entitled to prevent the citizens not in sympathy with its view point from exercising their fundamental rights or from performing their duties for their own benefit or for the benefit of the State of the Nation. Such a claim would be unreasonable and could not be accepted as a legitimate exercise of a fundamental right by a political party or those comprising it. The claim for relief by the petitioners in these Original Petitions will have to be considered in this background.”
The Court said that in case the direction by the Court restraining all concerned from proceeding with the call for Bandh is not given, huge loss, not only in terms of economy and business but also in terms of providing essential services and basic amenities including health services will occur which needs to be prevented.
The Court said that the local trains in Mumbai are its lifeline and in case the call of Bandh is permitted to be observed, the entire life of Mumbai may likely come to a halt.
Cause Title: Nanda Bai Sarjerav Misal v. State of Maharashtra & Ors.
Appearance:
Appellant: Adv. Subhash Jha, Adv. Harekrishna Mishra, Adv. Siddharth Jha, Adv. Apeeksha Sharma, Adv. Sumit Upadhyay, Adv. Neha Balani, Adv. Sandip S. Gaikwad and Adv. Deepesh Shahani
Respondent: AG Dr. Birendra B. Saraf, GP P. P. Kakade, AGP O. A. Chandurkar, and AGP G. R. Raghuwanshi