\'Give seven days notice\': Kerala HC rules against flash shutdowns in state

‘Give seven days notice’: Kerala HC rules against flash shutdowns in state

The court said that a shutdown without prior notice was unconstitutional and can be challenged in a court of law, and that such protests can be declared only after giving a prior notice of seven days.

india Updated: Jan 07, 2019 20:20 IST
Policemen guard a march by Bharatiya Janata Party activists as part of a strike call by Sabarimala Karma Samithi, an umbrella organization of Hindu groups, in Thiruvananthapuram, capital of the southern Indian state of Kerala, Thursday, Jan. 3, 2019. Hindu hard-liners shut shops and businesses and clashed with police in the state Thursday to protest the entry of two women in one of India's largest Hindu pilgrimage sites. (File Photo)(AP)

As Kerala reeled under a spate of shutdowns and violence over the entry of women of reproductive age in Sabarimala temple, the Kerala High Court on Monday banned the practice of calling shutdowns at a moment’s notice.

Expressing strong disapproval at the practice, the court said that a shutdown without prior notice was unconstitutional and can be challenged in a court of law, and that such protests can be declared only after giving a prior notice of seven days.

The Kerala Chamber of Commerce and Industry had moved the court in the wake of many shutdowns in the state, which witnessed four statewide work disruptions after the Supreme Court’s September 28 verdict which allowed women of all ages in hill temple.

While hearing the plea, the division bench of Chief Justice Hrishikesh Roy and A K Jayshankaran Nambiar said the government should explore a legislation to regulate frequent shutdowns. It also held that damages to public and private properties during such a protest will be realized from the party or persons who sponsored it. The latest shutdown on January 3 to protest against the entry of two women in their 40s into Sabarimala led to widespread violence across the state and police have arrested more than 5000 persons in connection with it.

After three days of violence, peace returned to the state on Monday with no major violence is reported from any part. Police have recovered 20 powerful country-made bombs from north Kerala’s Kannur district, notorious for recurring violence between cadres of the RSS and the CPI(M).

Meanwhile, chief minister Pinarayi Vijayan dismissed the BJP’s threat to dismiss his government saying his government would not cower in fear in front of any threat. He said his government will mercilessly suppress any move to foment communal trouble in the state. “They can’t intimidate us using President’s rule threat. Forces that are threatening us are inimical to the constitution and rule of law,” he said.

The government has also decided to bring an ordinance to prevent destruction of public and private properties during protests.

First Published: Jan 07, 2019 20:20 IST