In WP(C) NO. 222 OF 2019(S)-KER HC- It is rule of law and not rule of men or mobs that legitimises governance under democratic Constitution: Kerala HC directs PFI to deposit Rs 5.2 crore towards damages caused to public/private property as result of illegal demonstrations 
Justices A.K.Jayasankaran Nambiar & Mohammed Nias C.P. [29-09-2022]

Read Order: KERALA CHAMBER OF COMMERCE AND INDUSTRY Vs. STATE OF KERALA AND ORS

Tulip Kanth

 Ernakulam, September 30, 2022: Taking note of the act of Popular Front of India of calling for a flash hartal in the State without complying with the requirement of giving public notice for the same and considering that injuries inflicted on the the citizen by by the party supporters, as also for the damage/destruction caused to public/private property, the Kerala High Court has asked the party to deposit an amount of Rs 5.2 crore with the Additional Chief Secretary, Home Department.

The Division Bench of Justice A.K.Jayasankaran Nambiar and Justice Mohammed Nias C.P. said, “We are of the firm view that the 12th and 13th respondents are wholly and directly responsible for the injuries inflicted on the members of our citizenry by their supporters, as also for the damage/destruction caused to public/private property by the said persons.”

KSRTC had given the details of loss suffered by the Corporation which included the cost of damage (repair charges), loss of schedules due to cancellation of trips, loss of schedules during the repair of the buses and the total loss of work force due to cancellation of schedules. 

The Bench noted that the tenor of its earlier order of 2019 was unambiguous when it stated that calls for flash hartals would be viewed as illegal and unconstitutional acts, irrespective of the person, political party or association of persons which called for the same, and that those who violated the said order would be liable for the consequences that flowed from their illegal acts.

The Court also showed concern over the fact that notwithstanding its declaration that the very calling of a flash hartal was 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 23,2022.

“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 Bench said.

“It is the rule of law, and not the rule of men or mobs that legitimizes governance under our democratic Constitution”, the Bench said while directing the respondent-Party to deposit an amount of Rs 5.20 crores with the Additional Chief Secretary, Home Department, towards the damages estimated by the State Government as well as the KSRTC as arising from the destruction/damage caused to public/private property in the State.