Yesterday, On 22nd August, The court heard a petition challenging the legality of the August 24 ‘bandh’ call in Badlapur but initially declined to intervene. The court noted that existing laws were sufficient, and the state authorities were equipped to handle any potential law and order issues arising from the bandh.
Mumbai: Petitioners, On Thursday, approached the Bombay High Court, requesting the court to declare a bandh organized by the Maha Vikas Aghadi in protest against the Badlapur sexual assault case as ‘unconstitutional and illegal.’
A bench comprising Chief Justice DK Upadhyaya and Justice Amit Borkar initially declined to hear the petitions, stating that existing laws were sufficient and that the state machinery equipped to handle any potential law and order issues.
Read Also: [Badlapur Assault Case] “Took Action Only After Public Outcry”: Bombay HC Slams Police
However, the petitioners’ lawyers argued that the court’s intervention necessary.
The court questioned,
“What orders do you expect from all this? This is a call given by a political party. Why do you want to involve the court in this? The state is there for that. We do not want the court to be dragged into this. It is simple.”
Chief Justice Upadhyay further remarked,
“Court ko kamsekam chor diya karo (At least leave the court out of it).”
Advocate Gunratan Sadavarte, representing himself and his wife Jaishri Patil, argued that while the crime in Badlapur was indeed condemnable, the issue should not be politicized. He informed the court that he had filed a complaint with the Kherwadi police station and expressed concern that the protests in Badlapur earlier could be repeated due to the bandh call, necessitating the court’s intervention.
Sadavarte emphasized,
“Prevention is better than cure,”
Advocates Subhash Jha and Hare Krishna Mishra, representing Nandabai Sarjerao Misal, a daily wage worker from Thane, argued that the recent Maratha agitation for reservation had severely impacted the state’s functioning.
Jha stated,
“The state has its own political compulsions. The court can at least inquire about the state’s preparedness to handle the bandh.”
Advocate General Biren Saraf, representing the state, assured that all necessary steps were being taken to maintain law and order.
He added,
“As far as declaring the bandh illegal, that is something the court may consider if the lordships wish to.”
After hearing all sides, the bench remarked,
“Alright, we will hear, but there should be no political overtones in any argument. We will stop hearing immediately if there are any political allegations or counter-allegations made.”
The Maha Vikas Aghadi (MVA) called for a bandh on August 24, protesting against the Badlapur police’s lax response to the sexual assault of two toddlers at a school. The accused, Akshay Shinde, arrested under the Protection of Children from Sexual Offences (POCSO) Act and various sections of the Bharatiya Nyaya Sanhita, including 65(2) (rape of a girl under twelve years of age), 74 (assault or criminal force intending to outrage modesty), 75 (sexual harassment offenses), and 76 (assault or criminal force with intent to disrobe).