Bombay HC Asks Maharashtra Govt To Respond To Security Act Challenge

The Bombay High Court has directed the Maharashtra government to file its response to a petition challenging the constitutional validity of the Maharashtra Special Public Security Act, 2025.

The court's directive came on Tuesday while hearing petitions filed by the Maharashtra unit of the Indian National Congress, the Communist Party of India (CPI), and the People’s Union for Civil Liberties (PUCL).

A bench of Justices Ajey Gadkari and Kamal Khata issued notice to the state government, allowing it to file its reply. The matter has been scheduled for hearing on October 6.

Senior Advocate Seervai, representing the petitioners, argued that several provisions of the Act were egregious and gave authorities excessive powers to confiscate properties without prior notice. He also pointed out that some provisions were similar to those struck down by courts in the past.

The petitioners have sought that the Act be struck down in its entirety and have also sought interim protection against its implementation. The Act was enacted to prevent unlawful activities of Left-wing extremist organisations and received Presidential assent on December 15, 2025.

The petitioners have alleged that the Act gives the executive sweeping and arbitrary powers based on vague definitions of “unlawful activity” and “unlawful organisation”. They contend that organisations can be declared unlawful without an effective opportunity of hearing or disclosure of the material relied upon by authorities.

The plea also challenges provisions relating to passive membership, criminal liability without a requirement of intent, and seizure of property, arguing that these provisions lack adequate safeguards and could affect fundamental rights.

The Maharashtra Special Public Security Act, 2025, was passed by the Maharashtra Legislative Assembly on July 10, 2025, and the Legislative Council on July 11, 2025.

The court's decision to hear the matter on October 6 is significant, as it will determine the fate of the Act and its implications on the state's powers to declare organisations unlawful.

The petitioners' concerns over the Act's sweeping powers and potential impact on fundamental rights have sparked a debate on the need for balance between national security and individual freedoms.

As the hearing approaches, the Maharashtra government will need to respond to the petitioners' concerns and justify the Act's provisions. The outcome of the case will have significant implications for the state's law and order situation and the rights of its citizens.

In conclusion, the Bombay High Court's decision to hear the challenge to the Maharashtra Special Public Security Act, 2025, is a crucial step in determining the Act's constitutional validity and its impact on the state's powers and individual freedoms.