COMMUNIST PARTY OF INDIA (M) V. BHARAT KUMAR (1998) 1 SCC201
JUDGEMENT OF THE HIGH COURT
- The Hon'ble high court declared "Bandhs" organised by political parties from time to time as unconstitutional being violative of the Fundamental Rights of the people. The Court refused to accept it as an exercise of the freedom of speech and expression by the concerned party calling for the bandh. When a bandh is called. people are expected not to travel, not to carry on their trade, not to attend to their work. A threat is held out either expressly or impliedly that any attempt to go against the call for bandh may result in physical injury.
- A call for bandh is clearly different from a call for general strike or hartal. There is destruction of public property during a bandh. Accordingly, the High Court has directed that a call for a bandh by any association, organisation or political party and enforcing of that call by it, is illegal and unconstitutional. The High Court has also directed the State and all its law enforcement agencies to do all that may be necessary to give effect to the Court order.
JUDGEMENT AND ANALYSIS
- It was observed that this Hon'ble court refused to interfere with the High Court decision. The Court has accepted the distinction drawn by the High Court between a 'bandh' and a strike. A bandh interferes with the exercise of the Fundamental Freedoms of other citizens, in addition to causing national loss in many ways. The Fundamental Rights of the people as a whole cannot be regarded as subservient to a claim of Fundamental Right of an individual, or of a Section of the people.'
- This court declared the reason why bandh should be banned. In the name of hartal or bandh or strike no person has any right to cause inconvenience to any other person or to cause in any manner a threat or apprehension of risk to life, liberty and property of any citizen or destruction of life and property, and the least to any government or public property. This court pointed out that it was high time that the authorities concerned took serious note of this requirement while dealing with those who destroy public property in the name of strike, hartal or bandh. Any soft or lenient approach for such offenders would be an affront to the rule of law and challenge to public order and peace.
- Hence, after careful consideration of the judgement of the Hon'ble high court, this court dismissed an appeal against the above-mentioned High Court’s decision.