Illegal to force bandh on people: HC

TT, 27 September, Calcutta: Calcutta High Court on Wednesday said application of force and destruction of public property to make bandhs successful were not permissible by law and the state government had the right to take measures against people indulging in such things.

"Preventing people from attending their duties and setting fire or damaging public vehicles during bandh are illegal," a division bench of acting Chief Justice Debasish Kargupta and Justice Shampa Sarkar said on Wednesday.

The court disposed of a petition moved by Trinamul Congress MP Idris Ali on behalf of the All India Minority Forum seeking an order to restrain the BJP and the RSS from holding a shutdown.

In its order, the court expressed the need to introduce adequate help lines, both by the state and central governments, so that people in distress on bandh days could seek as- sistance from the administration.

Acting Chief Justice Kargupta said: "Common people have the right to express their own views, but they do not have the right to force others to support their view forcibly and force them to protest any issue along with them." The bench upheld an earlier order of the court giving the administration liberty to take penal measures and realise the money from those found guilty of damaging government properties during bandhs.

In 2014, a high court division bench headed by Chief Justice Manjula Chellur had observed that calling a strike was a fundamental right of parties and trade unions. "But the bandh callers have no right to prevent willing people from attending their jobs and damaging public properties on bandh days. The government has the right to claim damage charges from the people for damaging government properties." The high court on Wednesday directed the state authorities to protect the fundamental rights of both those who would take part in the September 26 Bengal bandh and the common people who would want to attend work.

Moving the petition, Ali said: "The members of BJP and RSS are trying to disturb the normal life in the state and prevent people from joining their duties today." Advocate Asish Sanyal, appearing for the BJP, opposed Ali and said: "It is fact that the BJP has called the bandh. But its members are not forcing people to join their movement. Common people are spontaneously supporting the bandh," Advocate general Kishore Dutta informed the court that the state had taken adequate measures to maintain normalcy, while additional solicitor general Kaushik Chanda assured the court that the railway and Metro Railway authorities would introduce help lines immediately