Bombay HC Seeks Maharashtra Govt Reply On Challenge To Special Public Security Act, Hearing On October 6

Mumbai, September 8, 2026: The Bombay High Court has directed the Maharashtra government to respond to a petition that questions the constitutionality of the Maharashtra Special Public Security Act, 2025. This controversial act grants the state extensive powers to label organizations as unlawful and seize their assets. A bench of Justices Ajey Gadkari and Kamal Khata will hear the case on October 6 after the petitioners, including the Maharashtra unit of the Indian National Congress, CPI, and PUCL, raised concerns over the Act's provisions.

Senior Advocate Seervai, representing the petitioners, argued that several provisions of the Act were "egregious" and granted authorities the power to confiscate properties without prior notice. He also pointed out similarities with provisions deemed unconstitutional by courts in 1952. The petitioners seek the Act's complete invalidation and interim protection against its implementation, citing vague definitions of "unlawful activity" and "unlawful organization."

They argue that these vague definitions could lead to the unlawful declaration of organizations and criminal liability without intent. The Act, which was passed by the Maharashtra Legislative Assembly and Council in July and August 2025, received presidential assent in December 2025. The petitioners also challenge provisions related to passive membership, criminal liability without intent, and property seizure, arguing that these lack adequate safeguards and could infringe upon fundamental rights, including freedom of speech, expression, assembly, and association.