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'Maharashtra Bandh' ultra vires Constitution

Monday, January 08, 2018

The Maharashtra Bandh called was a total waste of money to many in the country. Breaking of vehicles not at all a good thing for the city and this city accepts all cultures without any grudges. The miscreants should be punished for damaging property and who will bear the losses we as citizens of the city. Really a sorry state of affairs and everyone watched while the damage was taking place. Work like this takes long time to repair and the costs are too much for any state to bear. Can we ensure such a thing doesn't happen again? Is it lack of education or ignorance of the state and the people running it. A shame for the city and the Public as passionate as a Mumbaikar can do nothing about it. A wake up call for the city.

— Pradeep Ananthakrishnan Iyer, Chembur

The 'Maharashtra Bandh' that disrupted traffic and the lives of many, was ultra-vires the Constitution of India. A three-judge Division Bench of the Supreme Court of India, presided by the chief Justice J. S. Varma, ruled against any sort of hooliganism in the name of 'bandh' in 1998. It upheld the verdict of the Kerala High Court in a PIL against such 'Bandh'." Political 'Bandhs ' are against the Constitution of India", the Supreme Court declared. "Only 'Bandhs' in the limited area of an industry are legal", it said. In 2004, the Bombay High Court had fined two political parties, Bharatiya Janata Party (BJP) and Shiv Sena, for organizing a bandh in Mumbai as a protest against bomb blasts in the city, as a result of a PIL lodged by some NGO in Mumbai.

— K.G. Acharya, Andheri

The recent Pune riots that occurred on the 200th anniversary of a battle that involved the British had an important sequel after independence. It is the practice in the army to accord battle honours to regiments that won battles or displayed immense courage. However sometime in the 1980s the army realised that many battle honours involved not only victory of some Indian community, but also involved defeat of some other Indian community. This the army felt would unnecessarily create avoidable tension within the army and such battle honours were removed. The Koregaon battle was one such. Also the Battle of Assaye fought near Jalna in 1802. It may be noted that the HQ Buildings of the Maharashtra, Gujarat and Goa Area located in Mumbai are named Assaye. So while the army took proactive action in ensuring that history does not create internal strife and tension, the same history is now being stoked by ethnic groups with the active support of mainstream national parties.

— T.R. Ramaswami, Kandivali

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