Skip to content
  • Facebook
  • X
  • Linkedin
  • WhatsApp
  • YouTube
  • Associate Journalism
  • About Us
  • Privacy Policy
  • 033-46046046
  • editor@artifex.news
Artifex.News

Artifex.News

Stay Connected. Stay Informed.

  • Breaking News
  • World
  • Nation
  • Sports
  • Business
  • Science
  • Entertainment
  • Lifestyle
  • Toggle search form
  • India, Guyana Sign 10 MoUs On Key Sectors During PM Modi’s Visit
    India, Guyana Sign 10 MoUs On Key Sectors During PM Modi’s Visit Nation
  • Arundhati Roy withdraws from Berlin Film Festival amid Gaza row
    Arundhati Roy withdraws from Berlin Film Festival amid Gaza row World
  • Trump says his MRI was part of a ‘very standard’ physical
    Trump says his MRI was part of a ‘very standard’ physical World
  • Access Denied Business
  • Apple holds talks with Intel, Samsung for US chipmaking: Report
    Apple holds talks with Intel, Samsung for US chipmaking: Report Business
  • Four artistes honoured at 39th Sangeetha Vidwath Sadas
    Four artistes honoured at 39th Sangeetha Vidwath Sadas Nation
  • EU says von der Leyen’s plane GPS system was jammed, Russian interference suspected
    EU says von der Leyen’s plane GPS system was jammed, Russian interference suspected World
  • Access Denied Business
Bombay HC Judge recuses from hearing challenge to Maharashtra Special Public Security Act

Bombay HC Judge recuses from hearing challenge to Maharashtra Special Public Security Act

Posted on August 11, 2026 By admin


A division bench comprising Acting Chief Justice Ravindra Ghuge and Justice Gautam Ankhad was scheduled to hear a group of petitions on August 10, 2026
| Photo Credit: The Hindu

Justice Gautam Ankhad of the Bombay High Court recused himself on Monday (August 10, 2026) from a bench hearing petitions filed by political parties and trade unions against the Maharashtra Special Public Security Act, 2025. The bench has directed the registry to not list these matters before any division that includes Justice Ankhad.

A division bench comprising Acting Chief Justice Ravindra Ghuge and Justice Gautam Ankhad was scheduled to hear a group of petitions on Monday (August 10, 2026). The petitions have been filed by the Indian National Congress, the All India Trade Union Congress, and the Communist Party of India (Marxist). The petitioners are challenging the constitutional validity of the Maharashtra Special Public Security Act (MSPSA), 2025.

During the proceedings, Maharashtra’s Advocate General Dr Milind Sathe urged the bench to dismiss the petitions. He stated that the petitions were without merit. Senior advocate Navroze Seervai, representing the AITUC, responded to this submission. He stated that the MSPSA itself was without merit and violated constitutional provisions, not the petitions filed against it.

Justice Ankhad then stated that he could not hear the petitions and recused himself from the matter. Following this, the bench issued an order. The order instructed the registry to ensure these petitions are not placed before any bench of which Justice Ankhad is a member.

The petitions argue that the MSPSA confers powers upon the executive. The petitioners contend that these powers are extensive and allow for the banning of organisations without judicial oversight. They state that the definitions of ‘unlawful activity’ and ‘unlawful organisation’ in the Act are vague and broad. This, according to the petitioners, has a chilling effect on rights protected under the Constitution, including freedom of speech and expression, and the right to peaceful assembly and association.

The petitioners also claim the Act violates the guarantee of due process under Article 21 of the Constitution. They state that the Act permits the banning of an organisation without a prior hearing. It also does not require the disclosure of material that forms the basis for the executive’s decision. The petitions further object to the provision allowing for the unilateral extension of a ban notification without judicial review or recourse to independent courts or tribunals.

According to the document filed by the INC, the Act criminalises persons who are not members of banned organisations. The petitioners argue this is based on suspicion or association, thereby criminalising beliefs without the requirement of mens rea. The plea also objects to the powers conferred upon District Magistrates and the Commissioner of Police. These authorities have the power to notify and take possession of premises, attach property, and evict persons without a hearing. The petitioners state that the Act does not prescribe a procedure for these actions and lacks a mechanism for the return of forfeited property. This, they argue, violates Article 300A of the Constitution.

The petitioners are seeking a declaration from the court that the MSPSA is unconstitutional. They argue the Act is ultra vires to Articles 14, 19(1)(a), 19(1)(b), 19(1)(c), 21, and 300A of the Constitution. They have also requested an interim directive to the State. This directive would prevent the State from enforcing the Act or taking coercive action against anyone until the plea is decided. Additionally, the plea seeks a stay on the operation of the Act during the pendency of the case.

Published – August 11, 2026 03:31 pm IST



Source link

Nation Tags:Bombay High Court, Maharashtra Special Public Security Act, MSPSA 2025

Post navigation

Previous Post: T.G. Mohandas arrest: Court pulls up police over procedural lapses
Next Post: Syria sentences former president Bashar al-Assad to death over killings, torture

Related Posts

  • Woman’s murder: couple arrested in Manipur being brought to Chennai
    Woman’s murder: couple arrested in Manipur being brought to Chennai Nation
  • Access Denied
    Access Denied Nation
  • Tamil Nadu CM Vijay flags off 250 new buses for MTC, TNSTC
    Tamil Nadu CM Vijay flags off 250 new buses for MTC, TNSTC Nation
  • Access Denied
    Access Denied Nation
  • Access Denied
    Access Denied Nation
  • Access Denied
    Access Denied Nation

More Related Articles

Protests To Save Trees In Guwahati Bear Fruit, Assam To Explore Alternative Protests To Save Trees In Guwahati Bear Fruit, Assam To Explore Alternative Nation
What Is ‘Kharga’ Kamikaze, Indian Army’s High-Speed Drone What Is ‘Kharga’ Kamikaze, Indian Army’s High-Speed Drone Nation
Access Denied Access Denied Nation
“Had People United 500 Years Ago…”: Yogi Adityanath On Colonialism “Had People United 500 Years Ago…”: Yogi Adityanath On Colonialism Nation
S Jaishankar Talks About “Challenges” Of India’s G20 Presidency At UN S Jaishankar Talks About “Challenges” Of India’s G20 Presidency At UN Nation
Man Returns From Germany To Vote In Noida In Lok Sabha Polls Man Returns From Germany To Vote In Noida In Lok Sabha Polls Nation
SiteLock

Archives

  • September 2026
  • August 2026
  • July 2026
  • June 2026
  • May 2026
  • April 2026
  • March 2026
  • February 2026
  • January 2026
  • December 2025
  • November 2025
  • October 2025
  • September 2025
  • August 2025
  • July 2025
  • June 2025
  • May 2025
  • April 2025
  • March 2025
  • February 2025
  • January 2025
  • December 2024
  • November 2024
  • October 2024
  • September 2024
  • August 2024
  • July 2024
  • June 2024
  • May 2024
  • April 2024
  • March 2024
  • February 2024
  • January 2024
  • December 2023
  • November 2023
  • October 2023
  • September 2023
  • August 2023
  • July 2023
  • June 2023
  • May 2023
  • April 2023
  • March 2023
  • February 2023
  • January 2023
  • December 2022
  • November 2022
  • October 2022
  • September 2022
  • August 2022
  • July 2022
  • June 2022
  • May 2022

Categories

  • Business
  • Nation
  • Science
  • Sports
  • World

Recent Posts

  • Russian election, cast as test of support for Ukraine war, enters final day
  • Bengal police arrest Rejinagar bypoll candidate days after Nandigram candidate Milan Pradhan’s arrest
  • Three killed, one critically injured after speeding BMW crashes on Mumbai Coastal Road
  • Battle lines in the boardroom | Tata Sons
  • Donald Trump seeks to bring health-research funding under his control, Politico reports

Recent Comments

  1. PhilipLog on UP Teacher Who Asked Students To Slap Muslim Classmate
  2. DennisDum on UP Teacher Who Asked Students To Slap Muslim Classmate
  3. DonaldFrosy on UP Teacher Who Asked Students To Slap Muslim Classmate
  4. DonaldFrosy on UP Teacher Who Asked Students To Slap Muslim Classmate
  5. YWgliuZUXRuWYumGOFzzpY on UP Teacher Who Asked Students To Slap Muslim Classmate
  • India vs Bangladesh: Asia Cup 2023 Live Cricket Score, Live Score Of Today's Match on NDTV Sports
    India vs Bangladesh: Asia Cup 2023 Live Cricket Score, Live Score Of Today's Match on NDTV Sports Sports
  • ED arrests Jet Airways founder Naresh Goyal in bank fraud case
    ED arrests Jet Airways founder Naresh Goyal in bank fraud case Business
  • Access Denied World
  • NASA just shut down a planetary defence mission that tracks asteroids. Now what?
    NASA just shut down a planetary defence mission that tracks asteroids. Now what? Science
  • PSL Team Calls India’s Cricket World Cup 2023 Win Over Pakistan ‘Upset’. Social Media Responds
    PSL Team Calls India’s Cricket World Cup 2023 Win Over Pakistan ‘Upset’. Social Media Responds Sports
  • Tourists Drag Tribal Man On Car’s Bonnet In Wayanad, Priyanka Gandhi Reacts
    Tourists Drag Tribal Man On Car’s Bonnet In Wayanad, Priyanka Gandhi Reacts Nation
  • Access Denied
    Access Denied Nation
  • Access Denied
    Access Denied Nation

Editor-in-Chief:
Mohammad Ariff,
MSW, MAJMC, BSW, DTL, CTS, CNM, CCR, CAL, RSL, ASOC.
editor@artifex.news

Associate Editors:
1. Zenellis R. Tuba,
zenelis@artifex.news
2. Haris Daniyel
daniyel@artifex.news

Photograher:
Rohan Das
rohan@artifex.news

Artifex.News offers Online Paid Internships to college students from India and Abroad. Interns will get a PRESS CARD and other online offers.
Send your CV (Subjectline: Paid Internship) to internship@artifex.news

Links:
Associate Journalism
About Us
Privacy Policy

News Links:
Breaking News
World
Nation
Sports
Business
Entertainment
Lifestyle

Registered Office:
72/A, Elliot Road, Kolkata - 700016
Tel: 033-22277777, 033-22172217
Email: office@artifex.news

Editorial Office / News Desk:
No. 13, Mezzanine Floor, Esplanade Metro Rail Station,
12 J. L. Nehru Road, Kolkata - 700069.
(Entry from Gate No. 5)
Tel: 033-46011099, 033-46046046
Email: editor@artifex.news

Copyright © 2023 Artifex.News Newsportal designed by Artifex Infotech.