(1.) All these petitions are filed in public interest annoyed by the fact that despite various judgments of this court and the Honourable Apex Court, there are frequent bandhs, forced hartals and general strikes in the State harassing general public causing trouble, inconvenience, loss and injury to them and a situation is created by unscrupulous, anti national and anti people groups who force majority of the people not to move about and force them in illegal detention in their own house by threat, coercion and force. Examinations to be conducted by the Universities and Government agencies are being postponed on such days. Doctors who are going to the hospitals are being attacked. Government Transport Corporation themselves stop running their buses thus preventing the willing workers and employees from going to the work places. Previous experience on occasions of hartals and general strikes cast an obligation on the part of the Government to take preventive measures. It is the duty of the State and its instrumentalities and its officers to maintain discipline and order in accordance with the provisions of law. There is abdication of constitutional responsibility and dereliction of duty on the part of the Central and State Governments in not taking appropriate actions as directed by the decisions of this Court which were affirmed by the Supreme Court. It is also stated that State has not paid damages for the loss incurred by the public and no action is taken to recover damages caused to the property of the Government and public sector corporations.
(2.) There is no dispute regarding the legal aspects raised in these petitions. In Bharat Kumar v. State of Kerala ( 1997 (2) KLT 287 (F.B.)) a Full Bench of this Court held that calling of a bandh and holding of it is unconstitutional and illegal. In Para.17 the Full Bench held as follows:
(3.) Paragraph 17 of the judgment of the Full Bench of this Court in Bharath Kumar's case (supra) was quoted with approval by the Constitution Bench of the Hon'ble Apex Court in Ex-Capt. Harish Uppal v. Union of India and Another ( 2003 (1) KLT 192 (SC)). In that Constitution Bench decision, the Apex Court observed as follows: