A division bench of Chief Justice DK Upadhyaya and Justice Amit Borkar said the state government shall take all necessary steps to prevent a bandh
Uddhav Thackeray said although the MVA didn’t agree with the court’s directive, they would honour it. Pic/Ashish Raje
After the Bombay High Court restrained the Maha Vikas Aghadi and even individuals from calling for a Maharashtra bandh over the Badlapur incident today, the Opposition parties chose to backtrack, and instead decided to protest via an hour-long sit-in across the state. However, in declaring their stand, the MVA partners took turns, with NCP (SP) boss Sharad Pawar taking the initiative to call off the bandh, followed by the Congress and Shiv Sena (UBT).
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Hearing two petition on Friday, a division bench of Chief Justice DK Upadhyaya and Justice Amit Borkar said the Maharashtra government shall take all necessary steps to prevent a bandh. The petitions were filed on Friday through advocates Subhash Jha and Gunaratna Sadavarte challenging the call for a bandh. “We are restraining any political party and/or any individual from calling for a bandh. The state shall take all preventive steps,” the HC said.
'No time for appeal'
Taking to 'X' after the interim order, Pawar said the Badlapur incident was heinous and condemned by all sections of society. “The bandh was an attempt to draw the government's attention. It was within the basic rights the Constitution provided for. However, the HC has termed it unconstitutional. The time constraint does not allow an immediate appeal to the Hon. Supreme Court. The Indian judicial system is a statutory body that we respect, and hence we appeal to withdraw the call for tomorrow's bandh,” he said.
Following Pawar's appeal on social media, the Congress and Shiv Sena (UBT) leaders, who had been appealing to the people to make the bandh a success, came forward to say their stand and a replacement strategy.
Silent protest
State Congress president Nana Patole said that after Pawar's initiative, NCP's Jayant Patil, Sena chief Uddhav Thackeray and him, had a discussion. “We respect the court's directive. But we will express ourselves as individuals by carrying black flags and covering our mouths with black cloth on Saturday morning between 11 am and 12 noon. We will sit (at an appropriate place) for an hour. MVA's senior leaders will lead such sit-ins in the cities and towns across the state. The people are welcome to join us,” he announced.
'Dispense quick justice too'
Thackeray said the court was quick in denying MVA permission, and expected it to have the same pace in deciding the cases for which the bandh call was given. “We don't agree with the court's directive, but we have to honour it. Appealing before the Supreme Court takes time. However, it will be difficult for all of us if the public outrage grows further,” he said on Friday evening, asking whether the people had the freedom to express themselves or not. Earlier in the day, he had addressed a media conference to appeal to the people to voluntarily participate in the bandh.
Thackeray said the silent protest will be held in every village, town, and city on Saturday. “Senior MVA leaders could not meet today because they were not in Mumbai today. But we had a teleconference to decide on a silent protest to be held on Saturday,” he said, adding that the alliance hadn't expected such a verdict from the high court.
It was political: CM
CM Eknath Shinde said the court's directive was a tight slap in the MVA's face. “Some people are in a damn hurry to get the CM's seat. They see a political opportunity even in the people's sorrows. So, such perversity must be identified without any delay.”
In the court
Earlier in the day, state Advocate General Birendra Saraf told the HC that the call for a general strike was illegal. “The state government will take all steps to ensure there is no damage or destruction of 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 said notices have been issued to a few persons, but no arrests have been made yet.
Advocates Jha and Sadavarte pointed out a judgment of the Kerala High Court which held that no political party can call a state-wide bandh, and an HC has ample powers to intervene in such matters. They also cited the example of the Maratha reservation agitation during which a lot of public property was destroyed. The court's detailed order is expected by evening.
With inputs from agencies