MOFIJUL HAQUE Vs. UNION OF INDIA

JUDGEMENT

(1.) This writ petition has been filed by the petitioners by way of public interest litigation. Prayer has been made to command the respondents to withdraw/cancel or rescind the 'Bandh' dated 20th and 21st February, 2013. It is further prayed that 'Bandh' to be declared as ultra vires to the Constitution of India and it is a penal offence. Compensation of Rs. 1,00,000/- be ordered to be paid to each to the effected persons for their loss due to the damage caused to them. It is averred in the petition that the petitioner is a member of All India Minority Forum. It is a registered organization. It is averred that the Centre, of Indian Trade Unions (CITU) has called a 48 hours countrywide massive Bandh protesting inter alia against PFRDA Bill and also for expediting joint discussions in joint consultative forum for settlement and sort out the demand of the Central Government Employees. News item relating to Bandh has been filed as Annexure P-1 to the petition. Illegal countrywide Bandh has been called by CITU on 20th and 21st February, 2013 for fulfillment of their political purpose. Bandh is illegal, unconstitutional and the political organization like Centre of Indian Trade Unions cannot give such call. Calling of such Bandh is illegal. Bandh will cause irreparable loss to the economy and there will be a toss of around of Rs. 1,000/- crores due to such Bandh. Bandh is unproductive causing damage, de-generating growth, causing damage and destruction of life and property and effects the various fundamental rights of the citizens.

(2.) Reliance has been placed on the decision of the Full Bench of Kerala High Court in the case of Bharat Kumar K. Palicha & Anr. v. State of Kerala & Ors, 1997 AIR(Ker) 291 which has been affirmed by the Hon'ble Supreme Court in Communist Party of India (M) v. Bharat Kumar & Ors., 1998 1 SCC 201

(3.) It is submitted by Mr. Adhikary and Mr. Mukhopadhyay, learned Counsel appearing on behalf of the C.I.T.U. and A.I.T.U.C./intervenor respectively that call for Bandh has not been given. Call for two days general strike on 20th and 21st February, 2013 has been given. Thus, Court cannot interfere as call for general strike can be given.