The Maharashtra unit of the Indian National Congress (INC) and the Communist Party of India (CPI) have approached the Bombay High Court, challenging the constitutional validity of the Maharashtra Special Public Security Act, 2025, contending that the legislation conferred excessive and arbitrary powers on the executive and posed a serious threat to fundamental rights guaranteed under the Constitution.
The petition challenged the validity of the statute, which was enacted to provide for the effective prevention of certain unlawful activities of Left-wing extremist organisations and similar entities, as well as matters connected therewith. The legislation was passed by the Maharashtra Legislative Assembly on July 10, 2025, approved by the Legislative Council on July 11, 2025, and subsequently received the Presidential assent on December 15, 2025.
The petitioners termed the Act as unconstitutional, illegal and violative of fundamental rights, alleging that it empowered the State authorities to prohibit organisations, attach properties and initiate coercive action on the basis of vague, overbroad and subjective definitions of unlawful activity and unlawful organisation.
According to the plea, the legislation infringed the freedoms guaranteed under Article 19(1) of the Constitution, including the rights to freedom of speech and expression, peaceful assembly and formation of associations. It was argued that the broad and ambiguous provisions of the Act were likely to have a chilling effect on constitutionally protected democratic activities and legitimate political expression.
The petition further challenged the procedure prescribed under the Act for declaring organisations unlawful. It contended that organisations may be subjected to prohibitory action without being afforded an effective opportunity of hearing or full disclosure of the material relied upon by the authorities.
The plea also questioned the independence of the advisory mechanism established under the statute, arguing that the non-judicial advisory board envisaged under the Act lacked adequate institutional independence from the government responsible for its appointment.
The Congress and the CPI have further argued that the legislation substantially overlapped with, and in certain respects exceeded, the framework already provided under existing security laws, including the Unlawful Activities (Prevention) Act, 1967, and the Maharashtra Control of Organised Crime Act (MCOCA), 1999. According to the petitioners, the impugned statute created an additional layer of executive power that could potentially be used against opposition political parties, civil society organisations, activists and individuals engaged in lawful dissent.
The plea also raised concerns regarding the criminalisation of conduct that fell short of actual participation in unlawful activities. It contended that the Act lowered the threshold of criminal liability by penalising mere association with an organisation, passive membership, or conduct that may only indicate a tendency towards unlawful activity, even in the absence of any overt act.
The petition also challenged the provisions that allegedly dispensed with the requirement of establishing criminal intent, mens rea or a proximate nexus between the accused person’s conduct and any act of violence, public disorder or threat to public security. The petitioners contended that such provisions were inconsistent with established principles of criminal jurisprudence and constitutional safeguards against arbitrary State action.
The plea sought a declaration that the Maharashtra Special Public Security Act was unconstitutional and liable to be struck down in its entirety. Pending final adjudication of the challenge, the petitioners have also sought interim relief restraining the state government from enforcing the provisions of the Act or taking any coercive action under the statute.
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