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Friday, Sep 28, 2007
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Bandh: State assurance to court

Special Correspondent

CHENNAI: The Tamil Nadu Government on Thursday assured the Madras High Court that during the October 1 general strike, all steps would be taken to maintain absolute law and order and that free movement of citizens would be ensured by the authorities. Severe action would be taken against persons attempting to incite violence. An undertaking to this effect was given to the First Bench comprising Chief Justice A.P. Shah and Justice P. Jyothimani by Advocate-General R. Viduthalai.

The Bench, on its part, said it would pass orders on a batch of public interest litigation petitions filed by the AIADMK and Janata Party president Subramanian Swamy, among others, on Friday.

When the matter was taken up for hearing, the Bench sought to know the government stand: “Now tell us, whatever be the cause, is it proper for the ruling party to call for the bandh, thereby prejudicing the rights of citizens?”

Describing the “terrible agony” of common citizens, the Judges said the court could not be a silent spectator. “We want to ask the State Government whether in their opinion such a bandh is illegal or not.” Theymade it clear that they were not inclined to grant any anticipatory injunction restraining the parties from going ahead with the strike.

The Bench disapproved of the constitutional authorities calling for bandh, and wondered, “where are we heading?” Seeking to know whether the authorities would issue notice to the political parties concerned, reminding them that they were committing an illegality, it said the consequences of the stir would be considered by the court later. The Bench also said the undertaking given by the Government must reach every citizen through the media and the authorities must ensure that political party workers or others attempting to enforce bandh or stopping others were proceeded against in accordance with law.

Mr. Viduthalai, noting that it was neither a bandh nor State-sponsored, said no untoward incident would be allowed to take place on October 1. Though political parties had taken a particular stand against a particular project, as a responsible Government all efforts would be made to ensure maintain law and order, he said. Dr. Swamy argued that whether it was a bandh or complete stoppage of work, the agitation was illegal in view of the Supreme Court orders. “The High Court must see that the bandh does not take place.” The State Government was violating the constitutional mandate cast upon it to assist the Supreme Court, he said, adding that after the Centre gave a commitment to the apex court that it would review the Sethusamudram project, the parties were calling for a bandh. N. Jothi, counsel for presidium chairman of the AIADMK E. Madhusudhanan, said that orders should not be passed on mere statements of the Advocate-General. He said the party did not have faith in the State police and bureaucracy.

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