BENGALURU: The Karnataka High Court on Friday declared bandhs as unconstitutional and ordered the state government and law enforcement agencies to take all necessary steps to ensure that the proposed Bengaluru bandh over the Mahadayi water dispute on February 4 does not affect industry and commerce and day-to-day life of the common people. The court said bandhs affect the fundamental rights guaranteed to the citizens by the Constitution. The court’s direction also restricted the Kannada Chalavali Vatal Paksha and other pro-Kannada organisations, who had called for the bandh on Sunday, from proceeding further.
A division bench of Acting Chief Justice H G Ramesh and Justice P S Dinesh Kumar ordered the government, its officials, including law enforcement agencies, to take all steps to give effect to its declaration. The court’s directive came after hearing a public interest petition filed by Shraddha Parents’ Association against the back-to-back bandhs over the Mahadayi issue.
Observing that any bandh was illegal and unconstitutional as it forced shutting down of everything and affected the fundamental rights of people, the court said the such view was already expressed by the Supreme Court in the case of AIADMK vs Chief Secretary, Tamil Nadu (2009) and CPI(M) vs Bharath Kumar (1998) and others and issued several guidelines. Hence, “there cannot be a bandh in violation of the fundamental rights of the citizens,” the court said before adjourning the hearing for two weeks.
The counsel for the petitioner pleaded before the court to declare bandhs or strikes as unconstitutional since it violated the fundamental rights of citizens. Pointing out that public transport services were withdrawn during the bandh on January 25, he also requested the court to order an enquiry into the damages caused due to the bandh and ask its organisers to make a deposit to cover any damage that could be caused to the state exchequer.
Additional Advocate General A S Ponnanna argued that the state had nothing to do with the bandh called on February 4 and that the government and its officials will take all necessary steps to comply with the court directions.
The petitioner requested the court to direct the chief secretary to ascertain the damages caused due to the January 25 bandh and the proposed bandh on February 4, and to direct the president of Kannada Chalavali Vatal Party to make a security deposit of `500 crore to pay for damages caused by the bandh.