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Bandh illegal, HC says again

Calcutta, Dec. 20: Hours before Mamata Banerjee put off her 48-hour bandh, Calcutta High Court branded it “illegal” and ordered her to call it off.

“After the apex court verdict, it is needless to discuss whether calling of bandh is legal or not. Earlier, the court had repeatedly passed orders asking the bandh callers to withdraw strikes. Now, AITMC (All India Trinamul Congress) should call off its bandh,” the division bench of Chief Justice V.S. Sirpurkar and Justice A.K. Mitra said.

In 2000, the Supreme Court had upheld a Kerala High Court ban on bandhs.

Calcutta High Court today laid down a set of directives for the Bengal government to combat shutdown in the future. “The state government shall have to ensure adequate protection to all citizens during bandhs. The state machinery shall, if necessary, work overtime to preserve the law-and-order situation. It will have to ensure that public and private transport are not disrupted in any manner.”

The court said schools, colleges and educational institutions should be provided adequate protection during strikes.

“The state will have to provide for the safety and security of students and teachers so that they can join the institutions on bandh days.”

Political parties, the or- der added, “have no right to force any citizen to observe bandh”.

“They also do not have the right to close shops, establishments and industries on bandh days. The government will have to take strong measures against persons who will be found obstructing vehicles and causing disturbances in any other manner on bandh days.”

The ruling came in response to a public interest litigation filed by members of the All India Minority Forum. The petitioners pointed out that though the Supreme Court had declared bandhs “illegal”, and Calcutta High Court had condemned them on several occasions, political parties continued to enforce bandhs “applying muscle power”.

Appearing for the petitioner, advocate Idris Ali demanded that the court take penal action against Trinamul for calling the 48-hour Bengal bandh. He also accused the government of not doing enough to ensure normal life on bandh days.

Advocate-general Balai Ray did not oppose petitioners’ prayer and assured the court that the government will ensure safety and security of citizens and keep life normal during bandhs.

He also pleaded with the court to “ask the Trinamul Congress leader to call off her bandh”.

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