KOCHI: The Kerala High Court on Thursday observed that flash hartals would not happen in the state in the future irrespective of the political group, party or any others that might have called for it. “The lives of citizens cannot be put in peril. The message is loud and clear. If anybody does it, they will face the consequences,” said the court.
The court asked the counsel for PFI leaders what security can be ensured in a state where even a High Court judge has to come with a police escort. “What is the security you are talking about? What is the assurance of guarantee to the right to life? We are living under constant fear irrespective of the status of the person,” it said.
“Why are you calling for hartal? You can call for hartal among willing participants. What is that a man sitting in Kochi running a teashop got to do with your hartal? The situation in our state over the last many years is that whenever the word hartal is heard, it has a different meaning among citizens. They are living in perpetual fear. What does the common man want to do with the hartal? The very common man who is running a petty shop, a child who is going to school and a person who is going to buy milk are affected. They will suffer losses for not supporting some ideology of yours,” said the court.
The court also warned the organisers of flash hartals that it will come down heavily on them. The state’s citizens cannot be made to live in fear solely because they do not have the organised might of the persons or political parties that indulge in violent acts during hartals. The Constitution guarantees to each individual in society certain fundamental rights, and the said rights are to be respected and guaranteed not only by the state as a governing body but also by fellow citizens who must respect others’ rights as part of their fundamental duties under the Constitution.
COURT FLAYS GOVT FOR NOT ACTING ON ITS ORDER
The High Court also flayed the state administration for not taking effective steps to prevent the illegal hartal. “It is of some concern that notwithstanding our declaration that the very calling of a flash hartal was an illegal and unconstitutional act, the state administration did virtually nothing to prevent the hartal organisers from going ahead with their illegal demonstrations and incidental road blockages on September 23. The media reports also reveal that the police force played only a passive role in dealing with the situation till we pronounced our order, and began taking effective steps only thereafter,” the court added.