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The Bombay high court on Friday restrained political parties or individuals from proceeding with a Maharashtra bandh on August 24 or any future date, forcing the opposition Maha Vikas Aghadi (MVA) to withdraw its proposed state-wide shutdown to protest sexual assault on two minor girls in a school and push the government for swift action.
The court said such a protest will paralyse normal life and relied on a 2004 high court ruling which held the enforcement of bandhs or general strikes unconstitutional.
The MVA, which consists of the Congress, the Shiv Sena-Uddhav Balasaheb Thackeray and the Nationalist Congress Party-Sharadchandra Pawar, had given a call for a state-wide bandh on August 24 (Saturday) to protest against the Mahayuti government over the sexual abuse of two kindergarten girls in Badlapur in adjoining Thane district earlier this month and 'rising' incidents of crime against women in Maharashtra.
Chief Minister Eknath Shinde said his government will implement the court order, which he termed as a 'slap on the face of the opposition'.
Reacting to the HC ruling, the MVA said it has called off the bandh, but it will go ahead with peaceful demonstration across the state with black bands tied on the mouth of its leaders and workers.
Shiv Sena-UBT chief Uddhav Thackeray said he did not agree with the HC order, while his ally, NCP-SP president Sharad Pawar, said the bandh call was given in exercise of fundamental rights enshrined in the Constitution, but the judiciary also needs to be respected.
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 HC passed the order on two petitions filed on Friday through advocates Subhash Jha and Gunaratna Sadavarte challenging the MVA's shutdown call and seeking the court to restrain political parties from proceeding with it.
'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 noted.
'We are, prima facie, convinced the call given by 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,' it observed.
The bandh call was likely to affect not only the studies of children and other students but will also adversely impact emergency services such as those related to health and other public conveniences like supply of electricity, water and running of local trains in Mumbai, the bench added.
'The bandh may lead to crippling the life of entire Maharashtra,' the HC said, adding in the past, citizens have suffered due to state-wide shutdowns.
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 separately issued notices to leaders and activists of the MVA in connection with the bandh call.
Maharashtra Congress president Nana Patole said peaceful demonstrations will take place between 11 and noon at different locations in the state.
Patole said he will be in Thane to take part in one such demonstration.
Expressing displeasure over the HC order, Shiv Sena-UBT leader Thackeray said courts should show similar promptness in punishing the accused in heinous crimes.
"We don't agree with the court's order but its decision has to be respected. We will keep our mouths shut. The reason behind the bandh was different," the former CM said.
"Is there freedom of expression in a country that believes in democracy," Thackeray asked.
He added that he will protest near the Shiv Sena Bhavan in Dadar.
The opposition should not take people for granted, Chief Minister Shinde said and took a veiled swipe at Thackeray by adding some people were so eager to get the CM's post that they were indulging in politics over serious crimes.
This was 'perverse', Shinde added.
Deputy Chief Minister Devendra Fadnavis also slammed the opposition for calling for a bandh.
"This is for politics. You did not take a stand against the Mamata Banerjee government over the rape and murder of a woman doctor in Kolkata. But here you are calling for a bandh for your selfish interests," said Fadnavis, who holds the home portfolio.