Maharashtra Defends MSPSA; Calls Congress, CPI’s Challenge ‘Frivolous’

Mumbai: The Maharashtra government on Monday urged the Bombay High Court to reject petitions filed by the Congress, CPI and AITUC challenging the constitutional validity of the Special Public Security Act. The government described the pleas as “frivolous” and maintained that concerns over the possible misuse of the legislation, which is aimed at combating left-wing extremism, did not warrant striking it down. During Monday’s hearing, the case came before a division bench comprising Acting Chief Justice Ravindra Ghuge and Justice Gautam Ankhad. Justice Ankhad, however, recused himself from the matter without stating any reason.

Following the recusal, the bench led by the Acting Chief Justice referred the matter to be reassigned to another division bench. The bench noted that the other plea filed by All India Trade Union Congress (AITUC) raising an “identical challenge” will also be heard by an alternate bench of the HC.

The petitions, including one filed by the AITUC, challenge the constitutional validity of the law, arguing that its vague definitions grant the state excessive power to ban organisations, seize property, and silence peaceful dissent.

Senior counsel Navroz Seervai, representing AITUC, opposed State Advocate General Milind Sathe’s call to dismiss the petitions as “frivolous”, arguing that it is the law itself that is unconstitutional and frivolous.

Passed by the Maharashtra Assembly last July and signed by President Droupadi Murmu in December, the MSPSA is designed to curb Left-Wing Extremism and similar groups. It allows the state to declare organizations “unlawful” and penalizes membership, fundraising, management assistance, or involvement in unlawful activities.

The petitioners are asking the High Court to strike down the Act as a violation of fundamental rights and to stay its enforcement to prevent coercive action while the judicial review is underway.