3 weeks ago
Maharashtra Government Calls Security Act Petitions Frivolous, Seeks Dismissal
The government of Maharashtra has made a new law called the Maharashtra Special Public Security Act.
This law lets the government declare some groups 'unlawful.'
The government says the law stops groups connected to extreme political violence.
Some political parties and trade unions think the law gives the government too much power.
They asked the Bombay High Court in Mumbai to cancel the law.
The government's lawyer told the court the challenge was not serious, or 'frivolous.'
One of the two judges decided not to hear the case, without giving a reason.
A new set of judges will now listen to both sides.
The court will decide if the law is fair and follows the rules of the Constitution.
The Maharashtra government urged the Bombay High Court to dismiss as 'frivolous' petitions challenging the Maharashtra Special Public Security Act, 2025.
The Maharashtra units of Congress, the Communist Party of India and AITUC challenged the Act, alleging it grants wide and arbitrary executive powers.
Justice Gautam Ankhad recused himself from hearing the petitions without assigning a reason.
The Act empowers the state government to declare an organisation unlawful if suspected of involvement in covered activities, including those of Left Wing Extremist organisations.
Petitioners sought to strike down the law and restrain coercive action under its provisions until the petitions are decided.
- Who
- The Maharashtra government, the Maharashtra units of the Congress and Communist Party of India, the All India Trade Union Congress, and the Bombay High Court
- What
- Hearing on petitions challenging the constitutional validity of the Maharashtra Special Public Security Act, 2025
- Where
- Bombay High Court, Mumbai
- When
- Monday, August 10, 2026
- Why
- Petitioners allege the Act gives the executive arbitrary powers that could suppress peaceful dissent, while the state calls the challenge frivolous
Petitioners (Congress, CPI, AITUC)
Maharashtra Government
Validity of the Act
Petitioners (Congress, CPI, AITUC)
The Act is unconstitutional; definitions of 'unlawful organisation' and 'unlawful activity' are vague and overly broad.
Maharashtra Government
The Act is constitutional and the petitions challenging it are 'frivolous' and should be dismissed.
Executive powers vs. security need
Petitioners (Congress, CPI, AITUC)
The law confers wide, arbitrary and excessive powers on the executive without judicial scrutiny and could suppress peaceful dissent.
Maharashtra Government
The law is necessary to prevent unlawful activities of Left Wing Extremist organisations.
Key facts
- Act
- Maharashtra Special Public Security Act, 2025
- Passed by
- Maharashtra state legislature in July 2025
- Presidential assent
- December 15, 2025, by President Droupadi Murmu
- Petitioners
- Maharashtra units of Congress, Communist Party of India, and All India Trade Union Congress
- Court
- Bombay High Court (division bench)
- State's position
- Petitions are 'frivolous'; seeks dismissal
- Key provisions
- Punishes membership of unlawful organisations, fundraising, assisting management, and committing unlawful activity
Quotes
Senior Advocate Navroz Seervai
Counsel for the All India Trade Union Congress (AITUC)
“"wide-ranging, arbitrary and excessive powers"”
freepressjournal.in
“"unconstitutional"”
freepressjournal.in
Sources
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