To
Hon’ble Mr. Jus. S. H. Kapadia,
Hon’ble Chief Justice of India,
The Supreme Court of India,
New Delhi.
Hon’ble Sir,
Sub :- Petition seeking a review of an earlier SC judgment that allowed bandhs-
request to accept as a Public Interest Litigation (PIL)- Reg.
Sir, as you would be aware bandhs disrupt normal life and almost every one from all walks of life is affected. As public transport is cancelled, people are forced to either remain indoors or are stranded at a ‘no-man’s land’ against their free will. We keep hearing of instances where the sick could not reach the hospital on time resulting in loss of lives. Commercial establishments, grocery stores, vegetable markets and even medical shops are closed out of fear of violence putting legions of people to untold hardships. Educational institutes and offices are shut due to fear of violence and damage to property. The country as a whole, which is in its nascent stage of economic recovery, is held to ransom to the whims and fancies of a few individuals, which while causing great suffering to millions puts the country through huge financial losses.
Considering these facts Sir, i firmly believe that any action on the part of Political Parties and their affiliated associations to call for a bandh and as a consequence impose restrictions against the free will on the free movement of people; obstruct trade on a phenomenal scale, is in gross violation of the Fundamental Rights Viz., freedom of movement throughout the territory of India, right to practice any profession, or to carry on any occupation, trade or business, etc as specifically enshrined in Article 19 of the Constitution of India.
Hon’ble Sir, during the enforcement of the bandh, many anti-social elements resort to violence and damage public and private property. Political parties and their affiliated associations and any other organization, if aggrieved, can take recourse to alternative logical, rational means of protest, viz., petitioning the authorities concerned, waging a legal battle, etc, without putting the general public (infants, the sick and suffering inclusive) through untold hardships; causing pecuniary loss to millions of daily wage earners and deprive them of their livelihoods.
Hon’ble Sir, isn’t it ironical to note that, in numerous instances, the common man is put to such sufferings all in the name of a Party’s or an Organization’s fight for the cause/s of
the under-privileged and the disadvantaged sections of the society. Such acts question the pith and substance of the maxim, “democracy means the greater good of greater number of people.”
Hon’ble Sir, India’s history is replete with instances wherein, Political parties enforced the bandhs ruthlessly. Forced shutdown of social and economic activity backed by the implicit threat of violence is how bandhs are claimed to be ‘successful’. In most cases, political parties succeed in enforcing their call because people fear for their safety.
Hon’ble Sir, some of the causes that they claim to espouse may be genuine. Agreed. However, that should not allowed to be wielded as a free licence to coerce people to remain indoors, stall public transport and leave hundreds and thousands of people stranded, indulge in hooliganism, effect the livelihood of millions of daily wage earners, adversely effect the functioning of educational institutions, commercial establishments, medical facilities, etc. The list of sufferers is endless.
Hon’ble Sir, given these facts it was shocking to note that, and I quote from the Times of India e-paper dated 4th Feb’ 2009 which can kindly be accessed at http://timesofindia.indiatimes.com/india/SC-does-a-U-turn-says-bandhs-OK-in-democracy/articleshow/4071588.cms
“The Supreme Court in the year 2009 termed bandhs as legitimate means of expressing people's feelings in a democracy, reversing a trend judiciary has followed since 1997 when it had come down hard upon political parties for causing inconvenience to the public by forcing shutdowns.
The Bench headed by CJI and comprising Justices P Sathasivam and J M Panchal observed that in a democratic country, everyone had the right to express their feelings: a remark that would be lapped up by political parties who never acquiesced to judiciary's stand against bandhs.
In the 1997 judgment, the Kerala HC had said, "No political party or organisation can claim that it is entitled to paralyse industry and commerce in the entire state or nation and is entitled to prevent the citizens not in sympathy with its viewpoint from exercising their fundamental right or from performing their duties for their own benefits or for the benefit of the state or the nation."
It added, "Such a claim would be unreasonable and could not be accepted as a legitimate exercise of a fundamental right by a political party or those comprising it." The order had met with thunderous applause from millions across the country.
Hon’ble Sir, I don’t mean to influence your judgment or understanding. Far from it Sir. However, I humbly request you kindly peruse the responses’ to that article. These were opinions expressed by well-meaning, educated people who have at their heart the all round development of our country
Hon’ble Sir, their views may kindly be taken in the right spirit and as supporting arguments and prayers for a review of the judgment favouring bandhs in India. Hon’ble Sir, kindly allow me the liberty to present some of the views for your kind perusal.
Abhijit Basu San Jose 04/02/2009 at 11:10 am
Bandh is not a freedom of expression, it is a freedom of oppression and hooliganism by political and religious organizations.
Piyush Mysore 04/02/2009 at 11:10 am
This decision comes as a bad omen for citizens of India who, disillusioned by the political brass have always looked up to the SC for assuaging their miseries. With due honor and respect for the CJI and the apex court… There is a difference between bandh and strike. The former is exercised by the political or ideological outfits in accordance with their own whims and prejudices, forcibly engulfing the people who does not empathize with their sentiments, are more a show of power that result in breakdown of law and order. Strike is done to promote once cause and in a lawful manner without making someone to consent by use of force. If our politicians are really worried about the welfare of people and want to dissent on certain issue why can't they take the route of Satyagrah. They won't as they won't get a chance to show case their power then. With this unfortunate decision the SC has set a wrong precedent and undone the good will it has garnered among the people.
EWRudradas Kochi 04/02/2009 at 11:04 am
This judgement is against the interest of the people and the country.Did the supreme court think about the rights of the individuals who were denied their freedom of movement during a bandh?
Ashok New York 04/02/2009 at 10:54 am
The judges need to clarify if the right to Bandh, also includes the right prevent another human from working to earn his livelihood under the threat of force and violence.
Sir, I humbly request you to kindly see the aforementioned opinions as expressions of genuine and well-meaning concerns.
Main Prayer:
Sir, I humbly request you to kindly consider this petition as a Public Interest Litigation as it calls into question and prays for the prevention of the violation of the Fundamental Rights of millions of our fellow Indians.
Sir, I humbly request you to kindly constitute a larger Constitutional Bench to review the earlier judgment as delivered by The Bench headed by the ex- CJI, Mr. Jus. K. G. Balakrishnan and comprising Justices P Sathasivam and J M Panchal which allowed bandhs.
Sir, I also humbly request you and pray that you kindly exercise the powers vested in you by the Article 32 of the Constitution of India and issue writ or writs and pass such other order or orders or directions, that you deem fit and necessary, and prevent the blatant, flagrant violation, by Political Parties, Organizations, Associations, etc in the name of bandhs and such other forms of protest, of the Fundamental Rights of our citizens as enshrined in Article 19 and other relevant Articles of our Constitution.
Thanking you Sir,
Yours sincerely,
(SUNAND P)
From:
Sunand P
28, Bal Reddy Nagar,
Toli Chowki, Hyd-8.
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