Kerala HC initiates suo motu case against PFI leaders over bandh

The Kerala HC today took suo motu case against radical Islamic outfit alignment of India (PFI) and its state general secretary over declaring hartal within the southern state today.

Justice A K Jayasankaran Nambiar said despite its 2019 order, a flash halt was made yesterday by the PFI.

"The action of the aforementioned persons in calling for the hartal without following the procedure contemplated in our earlier order, clearly, amounts to contempt of the directions of this court within the order aforementioned," the court observed.

Initiating suo motu case, the court issued directions to the police to confirm adequate measures to stop any damage or destruction to public and personal property of these who don't support the decision for hartal.

"In particular, the police shall also take steps to watch any such activity by the supporters of the illegal hartal and shall place before this court a report giving details of such instances and therefore the extent of harm, if any, caused to public/private property. The said details would be necessary for this court to require remedial action to recover such losses from the perpetrators of the illegality," Justice Nambiar said.

The court also asked the police to grant adequate protection to any or all public-service corporation services that apprehend violence, at the hands of these supporting the illegal hartal.

The state supreme court, in its order, also noted that media houses were reporting the news of "flash hartal" without mentioning the small print of the order gone the court declaring it as illegal the concerns hartal without seven days public notice.

"We, therefore, deem it necessary to once more request the media to confirm that whenever such illegal flash hartals are concerned, and it's apparent that the said hartal called is in violation of the orders lapsed this court, the general public be duly informed of the said fact," the court said.

It added that it'd suffice to an oversized extent, in allaying the apprehensions of the final public as regards the legality of the decision for hartal and also dissuade providers of public-service corporation services from heeding to such imply illegal hartals in future.

The court has now posted the matter for the report of the government on September 29.

HC on January 7, 2019 made it strong that flash hartals, I.e those hartals/strikes called without stressing to the procedure of giving 7 days public notice, would be deemed illegal/unconstitutional entailing adverse situations to the persons/party calling for the hartal.