The Hindu : Front Page : No support for hartal: government

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Saturday, Dec 22, 2007
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No support for hartal: government

Special Correspondent

Affidavit says government could not be blamed if people stay put during hartals

Affidavit filed in response to a contempt petition filed by an NGO
Holidays are declared to avoid inconvenience to the public

Kochi: The State government never supported a hartal and that it was only in the best interest of the public that declaration of holidays and postponement of examinations “are sparingly resorted to.” This was not done to support the hartal, according to an affidavit filed before the Kerala High Court by the State government.

The affidavit was filed by K.J. Mathew, Additional Chief Secretary, in response to a contempt petition filed by the Proper Channel, a Kochi-based non-government organisation, against the government. The affidavit said that whenever a hartal or general strike or siege of collectorate/taluk offices, or any form of agitation, which may affect normal life of the citizens, took place, specific directions were issued from time to time to deal with such situations. The State never experienced a situation where the government failed to provide adequate protection to its citizens, necessitating deployment of Army or paramilitary forces to ensure that there was no constitutional breakdown and violation of the fundamental rights of citizens during hartals.

The affidavit said: “The government cannot compel the citizens who participate in a general strike to protest on their own, to abstain from such kind of strike or protest so long as those forms of agitations are not banned or declared as illegal.”

Police presence

The State police had adequate strength to handle any such eventuality. The deployment of paramilitary force would only help to create a sense of fear in the minds of people and they would prefer to stay indoors. The government might at times declare holiday or postpone examinations only to avoid inconvenience to the public. During hartals, the private transport operators generally hesitated to operate their vehicle even after the government provided adequate security. As a result, persons appearing for an examination might not be able to reach the designated centres.

In fact, the police took adequate steps to maintain public service during hartal or general strike, the affidavit said.

Police vehicles were provided on emergencies to carry people to hospitals, offices, railway stations, etc. on hartal days.

The people had a tendency to stay indoors for safety and security, enjoying a self-declared holiday. The government could not be blamed for such a situation, the Additional Chief Secretary said.

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