A Division Bench of the Kerala High Court on Thursday directed the State government to assure the people that they would have protection during the “illegal” hartal called on October 16 by Leader of the Opposition Ramesh Chennithala.
The Bench also ordered that a communication regarding the steps taken by the government for ensuring non-disruption of public life and maintenance of law and order during the hartal be made public.
The court said if it was made public, the people would be aware that the government would protect their life and property and the fear in the mind of the public about the hartal would vanish.
The court observed that even if there was no intimidation, people generally avoided taking risks fearing damage to life and property. It would be the duty of the State government to dispel this fear among the people by making public the steps taken by the government to protect their lives.
Legal action
The Bench added that the High Court having declared hartals illegal, it was the duty of the State government to ensure that people were warned of prompt legal action in case they created any law and order problem or disturbance during hartal.
The court also issued a notice to Mr. Chennithala.
In his petition, Sojan Paviyanose, a member of the Mallappally grama panchayat, said the hartal call made by Mr. Chennithala amounted to an offence under Section 166 (public servant disobeying the law, with intent to cause injury to any person) of the Indian Penal Code.
The petitioner contended that citizens could not be intimidated and forced to abstain from work and other activities in the name of hartal.
