Mumbai, August 10, 2026: The Maharashtra government on Monday urged the Bombay High Court to dismiss as "frivolous" petitions challenging the constitutional validity of the Maharashtra Special Public Security Act, 2025, which seeks to prevent unlawful activities of Left Wing Extremist organisations.
The petitions have been filed by the Maharashtra units of the Congress and Communist Party of India (CPI), along with the All India Trade Union Congress (AITUC), alleging that the law gives the executive wide and arbitrary powers and could be used to suppress peaceful dissent.
Judge Recuses From Hearing
The matter came up before a division bench of Acting Chief Justice Ravindra Ghuge and Justice Gautam Ankhad. Justice Ankhad recused himself from hearing the petitions without assigning any reason. The pleas will now be heard by another bench.
Advocate General Milind Sathe, appearing for the state, sought dismissal of the petitions, calling them "frivolous". Senior advocate Navroz Seervai, representing AITUC, responded that the Act was "unconstitutional" and not the petitions.
Petitioners Challenge Executive Powers
Senior advocate Gayatri Singh, appearing for the Congress and CPI, argued that the legislation conferred "wide-ranging, arbitrary and excessive powers" on the executive to declare organisations unlawful, without adequate judicial scrutiny or oversight.
The Maharashtra Special Public Security Act was passed by the state legislature in July 2025 and received President Droupadi Murmu’s assent on December 15, 2025. It empowers the state government to declare an organisation unlawful if it is suspected of involvement in activities covered by the Act.
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Law’s Provisions Questioned
The law provides for punishment for membership of an unlawful organisation. It also criminalises raising funds for such an organisation, assisting in its management or committing an unlawful activity.
The petitioners have challenged the Act on the ground that its definitions of "unlawful organisation" and "unlawful activity" are vague and overly broad. They have sought to strike down the law and urged the court to restrain the state from taking coercive action under its provisions until the petitions are decided.
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