Last Updated on 29/08/2024 by Ankita
The uproar continues in Bengal over the rape and murder of a 31-year-old trainee doctor of Kolkata’s RG Kar Medical Hospital. A day after the students’ Nabanna Abhiyan protest, the BJP had called for a 12-hour bandh on Wednesday. This bandh was called in view of the brutal action of the police on the protesters in the Nabanna protest. A PIL was also filed in the Calcutta High Court against this bandh, which was rejected. In such a situation, it is important to know what orders the courts of the country have given regarding the bandh called by political parties?
The Bombay High Court had given a decision on August 23 regarding the bandh, in which the bandh called by the opposition alliance Maha Vikas Aghadi (MVA) in Maharashtra was banned. The Maha Vikas Aghadi Bombay High Court had called for a bandh regarding the Badlapur incident, on which the High Court had said that no political party is allowed to call a bandh. The High Court had directed the government to take legal action against anyone who tries to do so.
After this, advocates Subhash Jha and Gunaratna Sadavarte filed two PILs in the High Court calling the denial of permission to the Mahavikas Aghadi to go on strike illegal and unconstitutional. However, after the court’s order, the MVA withdrew the strike.
What was the court order from time to time regarding the shutdown?
In July 1997, in the case of Bharat Kumar K. Palicha vs. State of Kerala, a bench of the Kerala High Court had said that no political party or organization can claim that it cannot paralyze industry and commerce in the entire state or country. It is not right to block roads to achieve one’s goals.
The High Court said that such claims are not logical. If any political party links it to fundamental rights, then it cannot be accepted. The court called this bandh unconstitutional. The court said that the political parties and organizations calling for such a bandh will be responsible to compensate the government and the people for the losses incurred during the bandh.
This decision was challenged in the Supreme Court and the Supreme Court upheld this decision in 1997. The bench said that there is no doubt that the fundamental rights of a person cannot be subordinate to any other person or class. The High Court has rightly said that there is no right to call or enforce a bandh.
In the case of BG Deshmukh & Co vs State of Maharashtra, the Bombay High Court had issued several directions on July 23, 2004, regarding dealing with the challenges arising due to the shutdown.
The High Court said that enforcing a bandh would be unconstitutional. The political party, organization, association, group or person calling for a bandh will be given a notice under Section 149 of the Criminal Procedure Code. This notice will clearly state that the political party, organization, association, group or people involved in the bandh will be responsible for the loss of life and property due to the bandh. They will also have to face legal action and they will also be responsible for compensating the victims.
In 2009, the Bombay High Court had directed the state government to prepare a law to deal with the bandh called by political parties. In 2019, amid the protests on the Sabarimala issue, the Kerala High Court had said that a notice of at least seven days would have to be given to call a strike in the state. In 2019, the Guwahati High Court also declared the bandh illegal and unconstitutional in a decision.
Source (PTI) (NDTV) (HINDUSTANTIMES)