NAGRIK UPBHOKTA MARGADARSHAN Vs. STATE OF M P

JUDGEMENT

(1.) Petitioner Pro Bono Publico vide this petition seeks mandamus that Bundhs/strikes called by respondents No. 2 and 3 on 26-08-2004 and 02-09-2004 be declared as illegal. Further direction is sought to the State of Madhya Pradesh and its functionaries to ensure that in future no coercive or forcible Bundhs are called by political parties and ensure protection of citizens, their properties and of public properties during Bundhs/strikes called out by the political party. Bundh on 26-08-2004 and 02-09-2004 as apparent from the pleadings on record and more particularly the admission by respondent No. 1/State of Madhya Pradesh in paragraph 3 of its return was respectively called by respondents No. 2 and 3/national political parties.

(2.) As per petitioner, the said Bundh had paralyzed the normal movements in the city as a result whereof no commercial activities took place, the schools were closed and working in the offices was also hampered. It is urged that bundh hampered even the movement of railways as a result whereof there was colosial national loss to the exchequer and has adversely effected the earning of a common man in the town. It is urged that despite of the mandate by the Supreme Court in Communist Party of India (M) v. Bharat Kumar, 1998 AIR(SC) 184 the respondents No. 2 and 3, in blatant violation of the said mandate, not only called for the Bundh on 26-08-2004 and 02-09-2004, the State Government and its functionaries turned to be a mute spectator, instead of preventing the Bundh. It is further contended that in pursuance to the Bundh call the members of respondents No. 2 and 3 roamed around in the street preventing the citizens from discharging their daily functions. It is urged that the State Govt. and its functionaries did not take preventive steps to stop the respondents from proceeding with the Bundh call. It is therefore urged that the State Government and its functionaries be directed that no coercive or forcible Bundhs are activated by political parties in future and in respect of loss which incurred because of the two aforesaid Bundhs the respondents No. 2 and 3 be directed to compensate the same to be quantified by the State Govt. and be deposited with the State Govt. or the Municipal Corporation.

(3.) Respondents on being noticed have filed their respective return.