Bombay HC Seeks Credentials Of Petitioners Challenging Maharashtra Security Act
The Bombay High Court has sought documentation from petitioners challenging the constitutional validity of the Maharashtra Special Public Security Act (MSPSA), 2024. A bench led by Chief Justice MC Tripathi directed the Indian National Congress, Communist Party of India (CPI) and social activists to submit registration certificates, names of office-bearers and organisational constitutions to establish their credentials and authority to represent the groups they claim to represent.
Senior advocate Navvroz Seervai, appearing for one petitioner, argued that the Act's provisions were excessive and could suppress legitimate democratic activity. He contended that the term "urban Naxalism" was being used as a pretext to target dissent, and warned that the law's vague provisions could lead to misuse by allowing governments to declare organisations unlawful based on subjective satisfaction.
Seervai questioned the constitutional basis for identifying individuals or organisations as "left-wing" or "right-wing," noting that neither ideology is defined in the Constitution. The bench, however, prioritised establishing the legal standing of the petitioners before hearing arguments on the Act's validity. It directed all parties to file detailed affidavits before the next hearing.
