Plea In Chhattisgarh HC Challenges Vires Of Public Safety Act, Notification Declaring 'Moolvasi Bachao Manch' Unlawful Organization

A plea has moved before the Chhattisgarh High Court challenging a state government notification under the Chhattisgarh Vishesh Jan Suraksha Adhiniyam (CVJSA) 2005 (Special Public Safety Act) declaring an Adivasi organisation–Moolvasi Bachao Manch (MBM) as an unlawful organization in October 2024. 

The plea also challenges the constitutionality of the CVJSA as being ultra vires Articles 14, 19(1)(a), 19(1)(b), 19(1)(c), and 21 of the Constitution of India.

The plea states that following the issuance of notification, several MBM members have been arrested solely on account of their association with the organisation, including the petitioner–Raghu Midiyami who is the founder and former President of MBM.

The plea states that the petitioner was arrested by the NIA, Raipur and has been charged under Sections 8(1), (3), and (5) of the CVJSA and Sections 10, 13(1), 13(2), and 40 of the UAPA.

His arrest, the plea claims is based on vague and unsubstantiated allegations of acting on behalf of Maoist groups, coincided with the legal challenge to the proscription of MBM and reflects a pattern of attributing lawful Adivasi mobilisation to Maoist influence.

The matter is listed before a division bench led by Chief Justice Ramesh Sinha on May 5. 

The plea sates that Section 3(1) of the CVJSA empowers the State Government to declare an association unlawful if it forms an 'opinion' that the association's activities fall within the broad and over broad definition under Section 2(f) of the Act. However, Section 3(2)mandates that such a notification must also declare the 'grounds' for forming such an opinion. These “grounds” are then to be examined by an Advisory Board under Section 5, which is statutorily required to determine whether sufficient cause exists for the declaration.

The plea states that the notification asserts that the Government is of the opinion that MBM is unlawful under Section 3(1); however it fails to disclose any factual or legal 'grounds' as required under Section 3(2). The plea states that the notification merely reproduces "vague and conclusory language" from the Act without disclosing any factual basis, names, dates, or materials relied upon. 

It further states MBM is a peaceful and decentralized grassroots platform formed by Adivasi youth in the aftermath of the police firing at Silger in May 2021. 

The plea states that the CVJSA permits severe encroachments on Fundamental Rights and must, therefore, be interpreted narrowly to minimize infringement. It states that  the notification was not adequately publicized and the only semblance of public notice was its publication in the official gazette. 

Among various reliefs the plea seeks that notification declaring MBM as unlawful organization be quashed, the Act be declared ultra vires the Constitution and respondent State be restrained from taking any coercive action, including arrests, detentions, or criminal proceedings, against the members of MBM based on the notification.

Case title: Raghu Midiyami v/s State of Chattisgarh