3 weeks ago
High Court judge recuses from Maharashtra security law plea
A judge at the Bombay High Court named Justice Gautam A Ankhad decided to step away from a case on Monday.
The case was about a new law in Maharashtra called the Maharashtra Special Public Security Act, which is meant to stop left-wing extremist activities.
Some groups - the Congress, CPI, and AITUC - think the law is unfair.
They say it could stop people from peacefully disagreeing with the government and gives officials too much power.
The Maharashtra government thinks their complaint is 'frivolous,' which means not serious, and wants the court to throw it out.
The law was passed by the state assembly in July last year and approved by President Murmu in December.
The judge did not give a reason for stepping away from the case.
Now a different group of judges at the high court will hear the case.
Justice Gautam A Ankhad of the Bombay High Court recused himself on Monday, without assigning reasons, from a bench hearing pleas against the Maharashtra Special Public Security Act.
The Maharashtra government, through Advocate General Milind Sathe, sought dismissal of the petitions, calling them 'frivolous.'
The pleas were filed by the Congress, CPI, and AITUC, claiming the law would suppress constitutionally protected peaceful and legitimate dissent.
AITUC's senior counsel Navroz Seervai argued that it is the Maharashtra Special Public Security Act (MSPSA) that is unconstitutional and frivolous, not the petitions.
Passed by the state assembly last July and assented to by President Murmu in December, the Act targets unlawful activities of Left Wing Extremist organisations, and the pleas will now be heard by another division bench.
- Who
- Justice Gautam A Ankhad of the Bombay High Court recused himself; the petitions were filed by the Congress, CPI, and AITUC; the Maharashtra government is the respondent.
- What
- The judge recused himself from hearing petitions challenging the constitutional validity of the Maharashtra Special Public Security (MSPS) Act, which the government asked the court to dismiss as 'frivolous.'
- Where
- Bombay High Court, Mumbai, Maharashtra.
- When
- Monday, August 10; the law was passed by the state assembly last July and assented to by President Murmu in December.
- Why
- Petitioners argue the law would suppress constitutionally protected peaceful and legitimate dissent and confer wide-ranging, arbitrary powers on the executive, while the government says it seeks to prevent unlawful activities of Left Wing Extremist organisations.
Petitioners' Position
Government's Position
Validity of the MSPS Act
Petitioners' Position
The Congress, CPI, and AITUC argue the law is unconstitutional and would suppress constitutionally protected peaceful and legitimate dissent, violating fundamental rights.
Government's Position
The Maharashtra government says the law is needed to effectively prevent unlawful activities of Left Wing Extremist organisations and has sought dismissal of the petitions as 'frivolous.'
Powers Granted to the Executive
Petitioners' Position
Petitioners claim the Act confers 'wide-ranging, arbitrary and excessive powers' on the executive to ban organisations and attach their properties based on vague and over-broad definitions.
Government's Position
The government says the law is designed to target left-wing extremism and specifies four punishable offences, including membership of an unlawful organisation and raising funds for one.
Key facts
- Event
- Judge recuses himself from hearing pleas against MSPS Act
- Court
- Bombay High Court
- Judge
- Justice Gautam A Ankhad
- Petitioners
- Congress, Communist Party of India (CPI), AITUC
- Respondent
- Maharashtra government
- Law Challenged
- Maharashtra Special Public Security (MSPS) Act
- Government's Stance
- Petitions are 'frivolous'; seeks their dismissal
- Legislative Timeline
- Passed by Assembly in July last year; President Murmu's assent in December
Sources
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