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HC Restrains Maharashtra Bandh, CM Eknath Calls It 'Slap Across Oppn's Face', Sharad Pawar Issues This Appeal

The Bombay High Court has prohibited political parties from calling for Maharashtra bandh. The decision comes in response to the MVA's call for a statewide shutdown over the Badlapur school case.

The Bombay High Court on Friday issued a restraining order against political parties and individuals from calling for a bandh in Maharashtra. This decision comes in response to the opposition Maha Vikas Aghadi (MVA) alliance's call for a statewide shutdown on August 24 to protest the alleged sexual assault of two kindergarten girls at a school in Badlapur, Thane district.

A division bench of Chief Justice D K Upadhyaya and Justice Amit Borkar directed the Maharashtra government to take all necessary steps to prevent the bandh, news agency PTI reported. The judges announced that a detailed order would be passed shortly on two petitions filed by advocates Subhash Jha and Gunaratna Sadavarte challenging the bandh call. "We are restraining any political party and/or any individual from calling for a bandh. The state shall take all preventive steps," the court said, as quoted by PTI.

State Advocate General Birendra Saraf informed the court that the call for the general strike was illegal and that the state government would take all steps to ensure the protection of human lives and property. "The state will do its duty, but everyone has constitutional responsibilities which they should abide by," Saraf added, as per PTI. The court inquired about the preventive measures taken by the government and whether any arrests had been made. Saraf responded that notices had been issued to a few individuals, but no arrests had been made yet.

Advocates Jha and Sadavarte cited a judgment by the Kerala High Court, which held that no political party could call for a statewide bandh, and highlighted the court's authority to intervene in such matters. They also referenced the Maratha reservation agitation, during which significant public property was destroyed. 

Maharashtra Bandh: CM Shinde Assures Preventive Steps, Sharad Pawar Appeals To Withdraw Call

Meanwhile, Maharashtra Chief Minister Eknath Shinde stated that the government would implement the High Court's order, restraining anyone from calling for a bandh, PTI reported.

In a public event to launch the 'Mukhyamantri Majhi Ladki Bahin' scheme, Shinde remarked that the incident in Badlapur, where two young girls were allegedly assaulted in a school washroom, was a "blot on humanity." He criticised the Opposition for politicising the tragedy and undermining the benefits of the scheme, which transfers Rs 1,500 to beneficiary women's accounts. "The court's order is a slap across the Opposition's face. We will implement this directive fully," Shinde asserted, as quoted by PTI.

He also emphasised that the accused in the Badlapur case has been charged under stringent legal provisions, and the government will pursue capital punishment. He urged the Opposition not to exploit the situation for political gain and implied that some individuals are eager for power at the expense of genuine issues.

Deputy Chief Minister Devendra Fadnavis echoed Shinde's sentiments, condemning the Opposition's call for the bandh. "This is purely for political gain. You didn't take a stand against the Mamata Banerjee government over the rape and murder of a woman doctor in Kolkata, yet you are now calling for a bandh driven by selfish interests," Fadnavis, who also holds the Home portfolio, said, as per PTI.

Following the order, NCP (SP) chief Sharad Pawar appealed for the withdrawal of the bandh call given.

"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, the Bombay High Court has ruled that the bandh is unconstitutional. An 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," he posted on X.

ALSO READ | Maharashtra Bandh Over Badlapur Case Paused For Now, But Protests To Continue. Here's The MVA Plan

Uddhav Thackeray Warns Of Protests Over Cases Against Badlapur Protestors

In a related development, Shiv Sena (UBT) chief Uddhav Thackeray on Friday demanded the withdrawal of cases against those who protested in Badlapur against the alleged sexual abuse of the two young girls. Thackeray warned that the opposition would be compelled to take to the streets if the cases were not withdrawn.

Addressing a press conference, Thackeray clarified that the August 24 bandh called by the MVA is not politically motivated but rather a protest against “perversion” and urged people across caste and religion to participate. He claimed the bandh would represent the people of the state.

Criticising the Shinde government's response to the Badlapur protest, Thackeray said, “Arrests are still taking place in Badlapur. The cases against the protesters must be withdrawn, or else we have to hit the streets”, as quoted by PTI.

The Badlapur protest saw thousands of people take to the streets and block railway tracks on Tuesday in response to the alleged sexual assault of the two four-year-old girls by a male attendant at a local school. During the protest, at least 25 police personnel were injured in incidents of stone-pelting at the railway station and other parts of the town. Police have arrested 72 individuals in connection with the violence, and the accused was apprehended on August 17 and placed in police custody until August 26.

Thackeray emphasised that the bandh should be “strictly” observed until 2 pm, with emergency services remaining operational. He remarked, “People are entitled to express their anger not just during elections. When all roads are shut, justice is sought in the court of people.”

The former Chief Minister also pointed out that even the Bombay High Court, which has taken suo motu cognisance of the alleged sexual assault, has criticised the government's response, stating, “Unless there is a strong public outburst, the machinery won't move.”

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