Maharashtra Bandh: Bombay High Court restrains any political party or person from calling for strike; Sharad Pawar, Congress reply

NEW DELHI: In a significant legal direction, the Bombay High Court on Friday issued a restraining order against any political party or individual from calling for a Maharashtra Bandh.

"We are restraining any political party or individual from proceeding with call for bandh. We will also direct the State to take all steps in terms of B G Deshmukh judgment," said Chief Justice Devendra Kumar Upadhyaya.

The order comes just days after the opposition Maharashtra Vikas Aghadi (MVA) had announced plans for a statewide bandh on August 24 to protest against an incident of rape of two minors in Badlapur.

The HC issued notice to the Congress, Shiv Sena-UBT and Sharad Pawar-NCP, and restrained them from proceeding with the call for bandh on Saturday or on any other subsequent day. The notices are made returnable on October 9.

The court directed the chief secretary, additional chief secretary (home), DGP and district collectors shall enforce directions given in HC's 2004 judgment.

MVA responds, calls off strike

After the order, NCP-SCP chief Sharad Pawar tweeted: "In the wake of the Badlapur incident, a statewide public shutdown was called for on 24 August 2024. This was an attempt to draw the government's attention to this matter. This bandh was within the purview of the Fundamental Rights of the Constitution of India. However Bombay High Court has ruled that the bandh is unconstitutional. Urgent appeal in Supreme Court is not possible due to time limit. As the Indian Judiciary is a constitutional institution, it is requested to withdraw tomorrow's bandh while respecting the Constitution."

Maharashtra Congress chief Nana Patole said the parties will respect the court's order.

"Honouring Bombay High Court judgement, all Congress leaders will protest in all Maharashtra district headquarters with black bands on their face/mouth from 11 AM to 12 noon against the cases of sexual harassment against women and failure of Maharashtra govt to prevent that. I will be part of the protest in Thane district," said Patole.

Shiv Sena (UBT) chief Uddhav Thackeray also said he disagreed with the HC order but would not carry on with the strike. "We don’t agree with Bombay High Court order on bandh ... We have called off August 24 Maharashtra bandh but opposition leaders will protest with black bands around their mouth," said Thackeray.

'Protest against perversion'

Earlier in the day, Shiv Sena (UBT) chief Uddhav Thackeray had demanded the withdrawal of cases against those who protested in Badlapur over the alleged sexual abuse of two kindergarten girls, warning that the opposition would take to the streets if this demand is not met.

Speaking to the media, Thackeray emphasized that the August 24 'Maharashtra Bandh' called by the opposition bloc is aimed at protesting against "perversion" and urging people from all communities to join in.



Thackeray said the bandh would represent the voices of the state's citizens. He criticised the Eknath Shinde government's handling of the Badlapur protest, stating, "Arrests are still taking place in Badlapur. The cases against the protesters must be withdrawn or else we have to hit the streets."

Badlapur protest

A significant protest had erupted in Badlapur town in Thane district on August 20 after thousands demonstrated and blocked railway tracks against the alleged sexual assault of two four-year-old girls by a male attendant at a local school. The protest led to the injury of at least 25 police personnel due to stone-pelting at the railway station and other areas in Badlapur.

Police have arrested 72 individuals related to the violence during the protest. The accused, arrested on August 17, remains in police custody until August 26.

In response to the bandh call, deputy chief minister Ajit Pawar had emphasised the government's commitment to maintaining normalcy and functionality. He also accused the opposition of politicising the tragedy and asserted that the government would take necessary actions against the accused in the Badlapur case.



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