The High Court of Karnataka on Monday ordered issue of notice to the State government and the Kannada Chalavali Vatal Paksha on a public interest litigation petition questioning legality of bandhs.
A Division Bench comprising acting Chief Justice H.G. Ramesh and Justice P.S. Dinesh Kumar passed the order on the petition filed by Sharaddha Parents’ Association, Bengaluru.
Citing prominent judgements of the Supreme Court declaring calls for bandhs by political parties and others as unconstitutional, the petitioner-association has contended that the calls given by the Kannada Chalavali Vatal Paksha for bandhs on January 25 and February 4 were nothing but abuse of the democratic rights of the citizens.
“No party has a right to initiate bandh causing hardship to the people by forcing them from exercising their lawful activities,” the petitioner claimed while contending that the government was duty-bound to prevent bandh, which invades people’s life, liberty and property.
Arguing that the fundamental rights of the people as a whole cannot be subservient to the fundamental rights of an individual or a section of people, the petitioner-association has said that bandhs have no logic as they result in loss to nation in multiple ways and not only because of loss owing to destruction of property.
Seeking a declaration from the court that bandh calls given by the Kannada Chalavali Vatal Paksha and other organisations as “unconstitutional”, the petitioner has also sought a direction to the State government to take steps to prevent initiation of bandhs by any organisation. The Bench adjourned further hearing till February 2.
