PIL pleas question calls for bandh; High Court seeks government’s response

The High Court of Karnataka on Tuesday asked the State government to file its response on the PIL petitions which have complained that individual persons and organisations are giving repeated calls for bandh in violation of the verdicts of the apex court, which has declared that “no one has a right to call or enforce a bandh that interferes with the exercise of the fundamental freedoms of other citizens ...”

A Division Bench comprising Chief Justice Dinesh Maheshwari and Justice B.M. Shyam Prasad issued the direction while adjourning further hearing till Wednesday.

Earlier, the Bench orally observed that it is the duty of the State government to ensure that normal life is not affected, while asking the necessity of issuing any fresh direction when the High Court on February 2, 2018 issued a specific direction to the State government to take steps to give effect to the declarations made by the Supreme Court way back in 1998.

However, counsel for the petitioners pointed out that the February 2 order was in relation a Statewide bandh call given for a different reason but the the call given now is in connection with issue connected with the Cauvery river dispute though the present call has been temporarily put on hold. A counsel also claimed that the State government was not acting against an individual who was repeatedly giving calls for bandhs and causing hardship to the public in violation of court orders.

Meanwhile, the Chief Justice said the Supreme Court, which had dealt with an issue related to the Cauvery river dispute on April 9, appears to have made some remarks while asking the petitioners’ counsel whether they have the copy of the apex court’s order.

SC’s observation

“We request learned senior counsel for the parties to convey to the competent authorities of the respective States [Karnataka and Tamil Nadu] to maintain peace at this juncture, so that this court can put the final stamp on the scheme after due deliberation,” a Bench comprising the Chief Justice of India had observed in its order while directing the Union government to submit a draft Cauvery river water-sharing scheme before the apex court on or before May 3.