Bombay High Court
Ganpat Devrao Bhise vs The State Of Maharashtra And Others on 18 April, 2026
Author: Vibha Kankanwadi
Bench: Vibha Kankanwadi
2026:BHC-AUG:17316-DB
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
908 PUBLIC INTEREST LITIGATION NO. 1 OF 2019
Ganpat Devrao Bhise
VERSUS
The State Of Maharashtra And Others
...
Mr. Angad L. Kanade - Advocate for the Petitioner
Mr. S. B. Pulkundwar - AGP for the State
Mr. Dnyaneshwar R. Kale Patil - Advocate for Respondent No. 5
...
CORAM : SMT. VIBHA KANKANWADI
AND
NEERAJ P. DHOTE, JJ.
DATED : 18TH APRIL, 2026
PER COURT : -
1. Heard the learned Advocate for the Petitioner.
2. In view of our order dated 16.02.2026, an affidavit has
been filed by the Petitioner stating the efforts undertaken by him or his
organization in the past to challenge the practice adopted during the
Mangirbaba fair. It is stated by the Petitioner that, since 2013, he, being
the head of a social organization, namely Lal Sena, has been making
efforts to prevent unethical, immoral, and sinister traditions during the
Mangirbaba fair. However, the learned Advocate, while making
submissions, accepts the position that since this Court took cognizance
of the matter and directed the Police to take necessary steps, such
practices have thereafter been stopped at the Mangirbaba fair.
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3. The learned AGP also relies upon an affidavit of Mr.
Nandkishor Yallaya Antarp, Police Sub-Inspector of Chikalthana Police
Station, District Aurangabad, detailing the efforts undertaken by the
Police. It is stated in the affidavit that, in order to prevent the said evil
practice of piercing with a metal hook during the Mangirbaba fair in the
year 2018, the Assistant Police Inspector of Chikalthana Police Station
had issued notices to the trustees of Mangirbaba Trust on 31.04.2018,
thereby directing them to stop such practice in view of the approaching
pilgrimage period. Thereafter, the Police gave wide publicity to stop the
evil practice by installing flex banners, spreading messages, issuing
pamphlets, and organizing meetings of villagers, in which members of
the Village Panchayat, including the Sarpanch, Gramsevak, Up-
Sarpanch, and other office bearers, were called. Assistance was also
taken from newspapers to spread awareness regarding the stoppage of
the inhumane practice of piercing a metal hook into the back of the
body.
4. A report had also been submitted separately on 26.04.2019
stating that the practice had been stopped, and an undertaking has also
been given that henceforth the Police would remain vigilant and ensure
effective implementation of the Maharashtra Prevention and Eradication
of Human Sacrifice and Other Inhuman, Evil and Aghori Practices and
Black Magic Act, 2013 [hereinafter referred to as 'Act of 2013'].
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5. Now the learned Advocate for the Petitioner submits that,
the prayer of the Petitioner is restricted to the appointment of the
Vigilance Officer in view of Section 5 of the Act of 2013.
6. We reproduce Section 5 of the Act of 2013 for the sake of
convenience.
5. Vigilance Officer.-- (1) The State Government may, by notification in
the Official Gazette, and subject to such terms and conditions as may be
specified in the notification, appoint for any one or more police stations, as
may be specified in the notification, one or more police officers to be
known as the Vigilance Officer :
Provided that, such officer shall not be below the rank of an
Inspector of Police.
(2) It shall be the duty of the Vigilance Officer,--
(i) to detect and prevent the contravention or violation of the
provisions of this Act and the rules made thereunder, in the
area of his jurisdiction and report such cases to the nearest
police station within the area of his jurisdiction; and upon filing
of complaint to the police station by any victim or any member
of his family, to ensure due and speedy action thereon and to
give necessary advice, guidance and help to the concerned
police station;
(ii) to collect evidence for the effective prosecution of persons
contravening the provisions of this Act; and to report the same
to the police station of the area in which such contravention has
been or is being committed;
(iii) to discharge such other functions as may be assigned to him,
from time to time, by the State Government, by general or
special order issued in this behalf.
(3) Any person who obstructs the discharge of the official duties or the
work of the Vigilance Officer, appointed under sub-section (1), shall, on
conviction, be punished with imprisonment for a term which may extend
to three months or with fine, which may extend to five thousand rupees or
with both.
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7. In the present case, it is to be noted that, though an
affidavit of Mr. Nandkishor Yallaya Antarp, Police Sub-Inspector of
Chikalthana Police Station, District Aurangabad, was filed on
19.01.2019, thereafter no affidavit has been filed on behalf of the State
stating that such Officer has been appointed.
8. The Act of 2013 was brought into effect to bring social
awakening and awareness in the society and to create a healthy and safe
social environment with a view to protect the common people in the
society against the evil and sinister practices thriving on ignorance, and
to combat and eradicate human sacrifice and other inhuman, evil,
sinister and aghori practices propagated in the name of so called
supernatural or magical powers or evil spirits commonly known as black
magic by conmen with sinister motive of exploiting the common people
in the society and thereby destroying the very social fibre of the society,
and for matters connected therewith or incidental thereto.
9. The purpose for which the Act of 2013 was brought into
force was laudable, however, even after its enforcement, such incidents
continue to occur, promoting these practices and reflecting the existence
of persons who encourage them with mala fide intent. It is, therefore,
the responsibility of the State Government to implement the enactment
in its full force. The State Government is also bound to consider
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whether, with the passage of time, the Act requires amendment to
include even those acts which are not covered within its definitions.
10. We are constrained to observe that people who are facing
financial constraints, emotional problems, or who harbour evil
intentions to overpower others, are still resorting to such practices of
black magic or aghori practices. Certainly, when there are persons who
demand such activities to be performed, there are also persons who
carry out these activities for them. In order to check such activities, the
appointment of a Vigilance Officer as contemplated under Section 5 of
the Act of 2013 is essential.
11. At the cost of repetition, we observe that the State
Government has not yet filed an affidavit stating that such officers have
been appointed. Therefore, it is necessary to issue directions to the State
Government in this regard.
12. We have also examined whether, in terms of Section 11 of
the Act of 2013, the Government has framed the Rules, however, it
appears that the said Rules have not yet been framed.
13. Under such circumstances, while disposing of the Writ
Petition, and as the Petitioner accepts that the said practice carried out
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at the Mangirbaba Fair has now been stopped, we pass the following
order:-
ORDER
[i] The Public Interest Litigation is partly allowed.
[ii] The State Government i.e. Respondent Nos. 1 and 2 shall appoint Vigilance Officers throughout the State of Maharashtra, as contemplated under Section 5 of the Maharashtra Prevention and Eradication of Human Sacrifice and Other Inhuman, Evil and Aghori Practices and Black Magic Act, 2013, within a period of two (2) months from today, if not already appointed.
[iii] The State Government i.e. Respondent Nos. 1 and 2 shall also proceed to frame Rules as contemplated under Section 11 of the Maharashtra Prevention and Eradication of Human Sacrifice and Other Inhuman, Evil and Aghori Practices and Black Magic Act, 2013, within a period of two (2) months, if not already framed.
[iv] The PIL stands disposed of.
[NEERAJ P. DHOTE] [SMT. VIBHA KANKANWADI]
JUDGE JUDGE
SG Punde
Signed by: Sandeep Gulabrao Punde
Designation: PS To Honourable Judge Date: 21/04/2026 18:48:15