SAINABA Vs. STATE OF KERALA

JUDGEMENT

(1.) W.P.(C).Nos.222 and 244 of 2019 raise common issues pertaining to the legality of the call for hartals and general strikes by various persons including political parties in the State of Kerala. On 22/9/2022, a call for hartal was made by the Popular Front of India [PFI] and its State General Secretary Sri. A. Abdul Sathar scheduling the hartal on 23/9/2022. Since the said call or hartal was issued at a time when as early as on 7/1/2019 we had taken note of the peculiar circumstances in the State of Kerala where calls for hartal, which ordinarily would not be viewed as illegal, had over the years come to carry an implied suggestion that the general public, if they did not co-operate with those calling for the hartal, could face threats of violence or actual violence, and passed the following order:

(2.) By our order dtd. 29/9/2022, we took note of the reports submitted before us of the estimated loss suffered by members of the public as also by the KSRTC on account of the violence unleashed during the PFI hartal. Taking note of the same, we issued the following directions:

(3.) Vide order dtd. 8/11/2022, we took note of the Government Order dtd. 1/11/2022 that formally appointed the Claims Commissioner [Sri.P.D.Sarangadharan, Retired District Judge] and sanctioned the sitting fee of Rs.4,000.00 for each sitting. The said Government Order also indicated that an approved panel of assessors consisting of Chartered Engineers and Chartered Accountants had also been made available to assist the Claims Commissioner, and further that necessary directions had been given to the Revenue Department for initiating revenue recovery proceedings after receipt of details regarding the assessment of value of the properties/assets of the PFI and its State General Secretary.