The Bombay high court on Friday restrained political parties and individuals from proceeding with the Maharashtra bandh scheduled for August 24 or on any future date.
The opposition Maha Vikas Aghadi (MVA) alliance had called for a shut-down across the state on Saturday 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-Uddhav Balasaheb Thackeray, the Congress and the Sharad Pawar-led Nationalist Congress Party-Sharadchandra Pawar.
A division bench of Chief Justice D K Upadhyaya and Justice Amit Borkar said it was restraining any political party or individuals from proceeding with the call for a bandh and said the Maharashtra government shall take all necessary preventive steps.
"Until further orders all concerned (political parties and/or individual) are restrained from proceeding with the call for bandh on August 24 and also on any other further date," the HC said.
The court passed the order on two petitions filed on Friday through advocates Subhash Jha and Gunaratan Sadavarte challenging the shutdown call and seeking the court to restrain the same.
The bench relied on a July 2004 judgment passed by the HC in which it held that the enforcement of a 'bandh' or a 'hartal' would amount to unconstitutional act.
The 2004 judgment said in case of such bandh, the political party would be liable to legal action and also to compensate for any loss of life, property or livelihood.
The judgment had further said police shall take appropriate action against the person or persons involved in such 'bandh'.
Chief Justice Upadhyaya on Friday said the state government shall strictly enforce this 2004 judgment.
"We direct the state government and all its functionaries including the Chief Secretary, Additional Chief Secretary (Home), the Director General of Police and all district Collectors to strictly enforce the guidelines prescribed in the 2004 judgment," the court said.
Advocate General Birendra Saraf told the court the call for such a strike/bandh was illegal.
"The state government will take all steps to ensure there is no damage or destruction to human lives or property. The state will do its duty but everyone has constitutional responsibilities which they should abide by," Saraf said.
The court asked Saraf what preventive steps the government has taken and if any preventive arrests have been made.
Saraf told the court notices have been issued to a few persons but no arrest has been made as yet.
The petitioners' advocates Jha and Sadavarte pointed out a judgment passed by the Kerala high court that said no political party can call for a state wide bandh and that the HC has ample power to interfere.
They gave examples of the Maratha reservation agitation where the entire state machinery could not handle the situation and the agitation caused public damage and destruction.
Incidentally, after the HC order, opposition leader Sharad Pawar, whose NCP-SP is part of the MVA, appealed for withdrawal of the bandh call.
