Justice Gautam A. Ankhad of the Bombay High Court on Monday, August 10, 2026, recused himself from hearing a batch of petitions challenging the constitutional validity of the Maharashtra Special Public Security Act.
The petitions have been filed by the Indian National Congress, All India Trade Union Congress (AITUC) and Communist Party of India (Marxist). The petitioners have questioned several provisions of the law, alleging that they confer wide and excessive powers on the executive.
The development was reported in connection with the petitions pending before a Division Bench comprising Acting Chief Justice Ravindra V. Ghuge and Justice Gautam Ankhad.
Background of the Case
The Maharashtra Special Public Security Act was enacted to deal with activities and organisations considered by the State to pose a threat to public order, peace and security.
The challenge argues that the law's definitions of “unlawful activity” and “unlawful organisation” are excessively broad. According to the petitioners, the provisions may affect constitutionally protected rights relating to speech, peaceful assembly and association.
The Congress petition further challenges provisions concerning the declaration of organisations as unlawful, seizure of property and restrictions imposed without what the petitioners describe as adequate judicial oversight.
Court Proceedings
During Monday's hearing, Maharashtra Advocate General Dr Milind Sathe urged the Court to dismiss the petitions, describing them as “frivolous”.
Senior Advocate Navroze Seervai, appearing for AITUC, responded that it was the Act, rather than the petitions, that was “frivolous” and unconstitutional.
Justice Ankhad thereafter stated that he could not hear the petitions and recused himself from the proceedings.
Court's Decision
Following the recusal, the Division Bench directed the Registry not to list the petitions before any bench of which Justice Gautam Ankhad is a member.
The Court accordingly ordered that the petitions be placed before an appropriate bench for further proceedings.
The Bombay High Court's earlier records also show that Justice Ankhad has recused himself from other matters in the past, with directions that those cases not be placed before a bench of which he is a member.
Case Details
Case Title: Indian National Congress (Maharashtra) vs State of Maharashtra
Case Number: Writ Petition (L) No. 20609 of 2026
Judges: Acting Chief Justice Ravindra V. Ghuge and Justice Gautam A. Ankhad
Decision Date: August 10, 2026
