The Indian National Congress (Maharashtra unit), along with the Communist Party of India and other petitioners, has approached the Bombay High Court challenging the legality and constitutional validity of the Maharashtra Special Public Security Act, 2025. This law aims to address the so-called 'naxalism menace'. The petition was filed on Thursday, arguing that the Act infringes upon fundamental rights guaranteed by the Constitution of India, particularly the principles of reasonableness and proportionality, as well as freedoms of speech and expression, assembly, and association under Articles 19(1)(a), 19(1)(b), and 19(1)(c).
Petitioners and Grounds of Challenge
The co-petitioners include Harshwardhan Sapkal, president of the Maharashtra Pradesh Congress Committee; Rojgar and Swayamrojgar Vibhag (Maharashtra); Dhananjay Shinde, state president of the Congress employment department; and the Communist Party of India along with its state secretariat member Prakash Reddy. The petition contends that the Act would suppress constitutionally protected peaceful and legitimate dissent. The state government had earlier stated that the objective of the law is to provide for effective prevention of certain unlawful activities of Left Wing Extremist organizations or similar groups.
Additional Constitutional Violations Alleged
This petition follows a similar one filed by civil rights activists. It also questions the law's validity on grounds of lack of certainty, violation of equality and protection against non-arbitrariness under Article 14, and infringement of procedural fairness and the right to life under Article 21. Furthermore, the Act is alleged to violate the Constitution by providing for seizure of properties in an arbitrary manner, thus contravening the protection against deprivation of property except by authority of law under Article 300.
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