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Chhattisgarh HC Hears Plea Challenging Public Safety Act and Ban on Adivasi Group MBM

3 May 2025 10:21 PM - By Court Book

Chhattisgarh HC Hears Plea Challenging Public Safety Act and Ban on Adivasi Group MBM

A petition has been filed in the Chhattisgarh High Court questioning the legality of a state notification that declared Moolvasi Bachao Manch (MBM), an Adivasi organization, as unlawful. The action was taken under the Chhattisgarh Vishesh Jan Suraksha Adhiniyam (CVJSA) 2005, also known as the Special Public Safety Act. The ban was imposed in October 2024.

The petitioner, Raghu Midiyami, who is the founder and former president of MBM, has also challenged the very foundation of the CVJSA. He argues that the Act violates several fundamental rights guaranteed by the Constitution of India—namely Articles 14, 19(1)(a), 19(1)(b), 19(1)(c), and 21.

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"The Act allows arbitrary use of power and lacks transparency," the plea argues.

Arrest of MBM Members Raises Concerns

Following the notification, several members of MBM, including the petitioner, were arrested. The National Investigation Agency (NIA) in Raipur arrested Midiyami, charging him under Sections 8(1), (3), and (5) of the CVJSA and Sections 10, 13(1), 13(2), and 40 of the Unlawful Activities (Prevention) Act (UAPA).

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The plea claims that these charges are based on vague and unverified claims of links to Maoist groups. It adds that this legal action mirrors a broader trend where peaceful Adivasi activism is mischaracterized as extremist activity.

About Moolvasi Bachao Manch

MBM is described in the plea as a peaceful, decentralized grassroots platform formed by Adivasi youth. It emerged in the wake of the police firing in Silger in May 2021, which had sparked significant public outrage. The group focuses on protecting tribal rights and raising community issues.

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The plea also notes that the government failed to adequately inform the public about the ban. The only announcement came through the official gazette, limiting public awareness and understanding of the decision.

The case is scheduled to be heard by a division bench consisting of Chief Justice Ramesh Sinha and Justice Ravindra Kumar Agrawal on May 5.

Case title: Raghu Midiyami v/s State of Chattisgarh