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Bombay High Court Restrains Political Parties From Conducting ‘Bandh’ To Protest Against Badlapur Sexual Assault Case

The Bombay High Court has stopped the Maha Vikas Aghadi (MVA) from holding a state-wide ‘bandh’ (strike) in Maharashtra on August 24.

Bombay High Court Restrains Political Parties From Conducting 'Bandh' To Protest Against Badlapur Sexual Assault Case

The bandh was called by the MVA, a coalition of Congress, NCP (Sharad Pawar Faction), and Shiv Sena (Uddhav Thackeray Faction), to protest the sexual assault of two minor girls in a school in Badlapur, Thane.

A Public Interest Litigation (PIL) was filed, arguing that the bandh is illegal and unconstitutional.

The Division Bench of Chief Justice Devendra Kumar Upadhyaya and Justice Amit Borkar gave an oral order restraining all parties from proceeding with the bandh on August 24 or any other date.

The Court directed State authorities to strictly enforce a previous order in the case of B. G. Deshmukh vs. State of Maharashtra, which declared bandhs by political parties unconstitutional.

Petitioners argued that a state-wide bandh would disrupt the entire state, cause inconvenience, and potentially lead to the destruction of public property and economic losses.

One counsel noted that the bandh would impact schools, particularly where children receive mid-day meals, and cause hardships for economically weaker sections.

The counsel questioned the need for a bandh when a Special Investigation Team (SIT) has already been formed, and the Court has taken action on the sexual assault case.

Another counsel emphasized the fundamental duty of citizens under Article 51A of the Constitution to protect public property and avoid violence.

Petitioners also cited a previous case, Bharat Kumar K. Palicha vs. State of Kerala, where the Kerala High Court ruled that bandhs by political parties are unconstitutional, and those responsible should compensate for losses.

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