Bombay HC Questions Petitioners' Locus Standi In Challenge To Maharashtra Special Public Security Act, Seeks Credentials

Mumbai: The Bombay High Court has questioned the locus standi of petitioners challenging the constitutional validity of the Maharashtra Special Public Security Act (MSPSA), 2024, and directed them to submit documents establishing their credentials and authority to represent the organisations.

A bench of Chief Justice MC Tripathi and Justice Advait Sethna was hearing petitions filed by the Indian National Congress, the Communist Party of India (CPI) and social activists challenging the law, which gives the state wide powers to declare organisations unlawful and attach their properties.

Petitioners Raise Concerns Over Misuse

Senior advocate Navvroz Seervai, appearing for one of the petitioners, argued that the term “urban Naxalism” was being used as a pretext to target legitimate democratic activities and dissent. He said the Act’s provisions were drastic and could create fear among people seeking to organise meetings or express their views.

“If a government, in its subjective satisfaction, believes that those holding a meeting are left-wing, then those people’s house can be expropriated,” Seervai argued, raising concerns over the potential misuse of the law.

High Court Seeks Organisational Documents

He also questioned the basis for identifying individuals or organisations as left-wing, pointing out that neither left-wing nor right-wing ideology is prescribed in the Constitution.

The bench, however, sought details of the petitioners and the organisations they represented. It asked them to provide registration certificates, the names of office-bearers and the organisations’ constitutions.

Affidavits Required Before Further Hearing

“We want to see who you are representing,” the Chief Justice said, emphasising the need to establish the credibility and legal status of the petitioners before proceeding with the matter.

The bench said the petitioners would have to file affidavits establishing the relevant details. It indicated that without the necessary documents, it would not proceed to examine the merits of the challenge.

The government has claimed that the law was necessary to tackle left-wing extremism. Seervai questioned this justification, arguing that the situation on the ground had changed significantly and that the government had claimed success in eliminating Naxalism across the country.

The Maharashtra government has defended the Act, citing the presence of urban Maoist networks and claiming that 64 active frontal organisations operate in the state, the highest number in the country.

The matter is scheduled for further hearing on October 22 at 3 pm.

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