Kerala High Court declines to halt hartal called by CPI(M) in support of farmers protests

The dawn to dusk hartal called by the the ruling Left Democratic Front in Kerala to express solidarity with the nationwide farmers' protest will go on as planned on Monday, September 27 after the Kerala High Court on Friday rejected a plea to declare the hartal as illegal. .Various other trade unions and political parties including the opposition United Democratic Front have also expressed their support to the hartal.A Division Bench of Chief Justice S Manikumar and Justice Shaji P Chaly dismissed the plea after recording the assurance given by the State government that it will ensure that adequate protection is given to those who do not participate in the hartal as they go about their daily lives.The Court asserted that the directions issued by the Kerala High Court in Sudhin S v Union of India and Ors and other relevant decisions of the Kerala High Court and the Supreme Court must be followed in letter and spirit. In Sudhin, a Full Bench of the Kerala High Court had refused to ban hartals but had directed the government to take stringent action against violence in hartal, and had further directed the government to effectively implement the directions issued by High Court, as well as the Supreme Court..Advocate R Sunil Kumar, appearing for the petitioner, submitted that the State is only just recovering from the adverse economic impact of the pandemic.At such a time, enforcing a hartal which is a forced lock-down, would affect the economy, particularly those who are from the lower strata of the society, he contended..Kumar also invited the attention of the Court to a Bill sought to be introduced in the Kerala assembly, viz., Act For Fair negation, Salutary Regulation and Special Legitimation, in Public Interest, of Harthals and Validation of Workers' Right to Strike Bill.As per the Bill, he submitted that no hartals can be permitted to be conducted, without giving 10 days notice. .Pertinently, he argued that the government, instead of enabling the people to attend to their normal works and functioning of the institutions, in a way, has assisted the people to call on hartal, and thus, there is violation of the directions issued in Sudhin. State Attorney N Manoj Kumar, submitted that the government would strictly implement the directions issued in Sudhin and connected cases.The Court noted that the provisions of the Bill referred to by the petitioner cannot be accepted by the Court at this time as it has not fructified into law.Moreover, the Court held that it is trite law that mandamus cannot be granted on mere asking. "First of all, statute prescribes a time limit, and therefore, when there is no statutory duty imposed on the Co-ordinating Committee, or anybody who calls for a hartal, to issue a public notice giving 10 clear days time, petitioner cannot contend that there is a violation, and consequently, a mandamus should be issued", the order stated.The Court, therefore, disposed of the petition and directed the State Government to ensure that the directions issued in Sudhin and other decisions of the Court, are implemented, ensuring fundamental rights of the citizens..[Read Judgment]