HVK Archives: Bandhs illegal, rules Kerala High Court
Bandhs illegal, rules Kerala High Court - The Economic Times
Special Correspondent
()
29 July 1997
Title: Bandhs illegal, rules Kerala High Court
Author: Special Correspondent
Publication: The Economic Times
Date: July 29, 1997
In a landmark judgment, the Kerala High Court has today declared the
calling for a bandh by any association, organisation or political party as
'illegal and unconstitutional'.
The full bench of the court comprising Justice K G Balakrishnan, Justice P
K Balasubramanyan and Justice J B Koshy directed the state and the state
officials, including the law enforcement agencies, "to do all that is
necessary to give effect to this declaration".
Delivering its judgment on a public interest litigation filed by two
persons from Kochi, the court said that the call for bandh and the
enforcing of that call is illegal.
The petition sought the bandh to be declared as violative of articles 19
and 21 of the Constitution and also in contravention of the directive
principle of state policy embodied in the Constitution.
It sought the declaration of bandh a penal offence under the Indian Penal
Code.
A separate petition was also filed against the practice of calling for
bandh by the various chambers of commerce in the state.
The Court said "these aspects justify our intervention under article 226 of
the Constitution".
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