Mumbai: The Maharashtra government on Monday urged the Bombay High Court to dismiss petitions filed by the Congress, CPI and the All India Trade Union Congress (AITUC) that challenge the constitutional validity of the Maharashtra Special Public Security Act (MSPSA), describing the pleas as “frivolous”.
Bench changes, hearing to be reassigned
The matter was taken up on Monday before a division bench led by Acting Chief Justice Ravindra Ghuge and Justice Gautam Ankhad. Justice Ankhad recused himself from the case without stating a reason. After the recusal, the Acting Chief Justice ordered the issue to be reassigned to another division bench for further hearing.
The bench also noted that an identical petition filed by the AITUC would be placed before an alternate bench of the High Court.
State rejects claims of misuse, defends law
During the proceedings, State Advocate General Milind Sathe asked the court to reject the petitions, arguing that the objections to the statute did not warrant its being struck down. The government maintained the legislation is aimed at combating left-wing extremism and that concerns about potential misuse are insufficient to invalidate it.
“Frivolous,” the state described the petitions as during submissions on Monday, according to court records.
Senior counsel Navroz Seervai, representing AITUC, countered that it was the Act itself that raised constitutional problems and criticised the state’s request to dismiss the petitions summarily.
What the petitions say
The petitions, including the one by AITUC, contend the MSPSA contains vague definitions that vest the state with excessive powers. Petitioners argue those provisions permit the government to declare organisations unlawful, seize property and penalise individuals, thereby threatening freedoms protected under the Constitution.
The challengers have asked the High Court to declare the law unconstitutional and to stay its enforcement so as to prevent any coercive action while judicial review proceeds.
Background to the MSPSA
The MSPSA was passed by the Maharashtra Assembly in July of last year and received the President’s assent in December. The legislation was framed to tackle left-wing extremism and similar activities, empowering the state to designate organisations as unlawful and create offences related to membership, fundraising and providing management assistance to such organisations.
Petitioners say the measure goes beyond legitimate counter‑extremism steps and risks curbing peaceful dissent and legitimate trade union activity. The state, in turn, argues the law is a necessary instrument to protect public order and security.
Immediate implications
With Justice Ankhad’s recusal and the matter ordered to be reassigned, there is no immediate substantive hearing on the merits. The reallocation means the challenge could come up before a different bench that will set the next course of proceedings.
- Petitioners: Congress, CPI, AITUC (among others).
- State position: MSPSA is a targeted law to combat left-wing extremism; petitions are frivolous.
- Immediate procedural step: case to be reassigned to another division bench after recusal.
| Item | Details |
|---|---|
| Act | Maharashtra Special Public Security Act (MSPSA) |
| Passed | July (previous year) — received President's assent in December |
| Principal challengers | Congress, CPI, AITUC |
| Court status | Heard before Acting CJ Ravindra Ghuge; Justice Gautam Ankhad recused; matter to be reassigned |
Lawyers on both sides framed their arguments around the balance between state powers to preserve public order and the protection of fundamental rights. The petitions ask the High Court for a full review and suspension of the law’s operation pending adjudication.
As the case proceeds, it will be closely watched by political parties, trade unions and civil liberties groups across Maharashtra, given that the provisions of the MSPSA can potentially affect political and labour activity in the state. Further dates for hearing will be notified once the reassignment of the matter is completed by the registry of the Bombay High Court.
Sameer Joshi is the Maharashtra correspondent. Reporting from Mumbai.
