"Flash Hartals not allowed": Kerala High Court orders PFI to provisionally deposit ₹5.20 crore as damages

The Kerala High Court on Thursday directed the Popular Front of India (PFI) to provisionally deposit ₹5.20 crores towards the damages estimated by the State Government as well as the Kerala State Road Transport Corporation (KSRTC) as compensation for the destruction of property in the State due to the flash hartal called by the banned organisation on September 23 [Kerala Chamber of Commerce and Industry v State of Kerala]..A division bench of Justices AK Jayasankaran Nambiar and Mohammed Nias CP made it clear that political parties conducting flash hartals, in direct violation of the Court's previous order, will face severe consequences."Flash hartals in the State are not going to happen irrespective of political parties. The life of citizens cannot be put to trouble. The message is loud and clear. If anyone does this, there will be consequences. Organizations can have demonstrations against any cause, the Constitution permits that but not flash hartals. Any demonstration that causes inconvenience to public by way of obstruction of roads, traffic etc. is not permitted," the bench said orally..The Court said that a claim commissioner has already been already appointed and he will quantify the amount paid by PFI in order to settle the claims.Further, if the PFI fails to deposit the amount with the Additional Chief Secretary of the Home Department, the State shall initiate recovery action against them, the Court said..Since it was brought to its notice that several criminal cases have been registered for the damages caused during the hartal, the Court directed the Magistrates and Sessions Court that wherever the bail application based on the PFI hartal issue comes up, the bail should be granted on the condition that they deposit the amount lost due to the property damaged.The Court ordered that Abdul Sathar, State General Secretary of the PFI, should be made an additional respondent in all the cases filed before the various Magistrates/Sessions Courts in the State in connection with offences committed during the flash hartal..The Kerala High Court passed the order in suo motu contempt proceedings it had initiated on September 23, the day the hartal was called, taking cognisanze of the fact that the PFI had called for a hartal without the mandatory 7-day notice..Later on, the KSRTC moved the High Court seeking compensation to the tune of ₹5.06 crores from the PFI for the damages caused to its buses during the hartal as many protestors engaged in stone pelting and other destructive acts. .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," the Court said in its order.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..On September 22, the National Investigation Agency (NIA) had conducted nation-wide raids on PFI offices.Several PFI leaders were arrested in Kerala, including PFI National Secretary VP Nasarudheen aka Nasarudheen Elamaram.The Union government had subsequently banned PFI for five years under the Unlawful Activities Prevention Act. .[Read Order]