High Court direct state government to ensure normality in Darjeeling

KalimNews and agencies, 7 August 2013: Replying to the PIL filed by advocate Rama Prasad Sarkar against GJM, Kolkata High Court directed the state administration today that to observe strike is not illegal but to force someone to observe strike is illegal. 

It also directed the state government to maintain continuous supply of essential and emergency services like water, electricity, medical assistance and also keep school, colleges, offices and institutions along with the transport open. Court also directed to ensure normality in Darjeeling hills from today.

Earlier petitions were filed by advocates Idris Ali and Ramaprasad Sarkar, demanding a directive declaring the strike illegal. On 14 February 2013 the Kolkata high Court had directed the bandh enforcers to compensate for any damage caused to property by them.

The division bench of Chief Justice A.K. Mishra and Justice Jaymalya Bagchi also directed bandh supporters not to apply force on common people to “make their strike successful”.

The high court order said: “The state government will have to take all sorts of measures so that willing people can join their work or move freely on the strike days. The state secretaries, district magistrates and senior police officers will have to ensure normal life during the strike.”

“Adequate police force will have to be deputed in all government establishments, including the high court and lower courts, educational institutions, railway stations and airports. Squatting in front of offices, educational institutions and other establishments will not be permitted,” the order added.

Appearing for the state, lawyer Ashoke Banerjee assured the court that the government would take all possible steps to maintain normalcy during the strike. “The state government is against holding of any strike. The government will take all possible measures to maintain normality,” Banerjee said.

The division bench said in its order: “If to observe a bandh is the fundamental right of trade union bodies, the general people also have the right to free movement, expression and speech. Article 19 of the Constitution has given this right to the people.”

On November 13, 1997, the Supreme Court had declared forced bandhs “illegal” while upholding a Kerala High Court order.

The apex court had observed that a bandh could not be enforced as it would affect the fundamental rights of citizens and cause national loss.

A Calcutta High Court bench had in 1998 declared illegal a bandh called by the then ruling Left Front.

Since then, the high court has passed several orders in 2002, 2003, 2004, 2005, 2007, 2008 and 2009, directing bandh-callers to allow people to work.

In the 2004 order, passed by a division bench headed by former Justice A.N. Roy, the court had said the judiciary was “helpless” as it could not take steps against the bandh-enforcers.