In the order passed today, the Court pulled up the government for its inaction in enforcing the Court’s unambiguous order banning flash hartals. It opined that had the government done so, much damage to property and the daily lives of citizens could have been avoided.
It is of some concern that notwithstanding our declaration that the very calling of a flash hartal is an illegal and unconstitutional act, the State Administration did virtually nothing to prevent the hartal organizers from going ahead with their illegal demonstrations and incidental road blockages on September 23.
The media reports also reveal that the police force played only a passive role in dealing with the situation till we pronounced our order. An effective compliance with our earlier order dated January 7, 2019 would have necessitated the State administration to ensure that no public procession, gathering or demonstration took place in the State if the same was in connection with a call for a flash hartal.
However, the Court clarified that its earlier order is solely in connection with flash hartals and not in relation to general strikes or demonstrations that do not call for the participation of the general public or intend to disrupt the free movement of people and vehicles, or to peaceful hartals/demonstrations conducted after due public notice.
“While the very call for a flash hartal is illegal and unconstitutional, as it is not preceded by adequate public notice, the holding of peaceful demonstrations of the nature described above is one that can be justified as traceable to the fundamental rights of the demonstrators under Article 19 (1)(a),” the order stated.
Source: Barandbench
