PFI Flash Hartal: State apologizes before Kerala High Court for failure to initiate recovery of ₹5.2 crore damages

The Kerala government on Friday tendered an unconditional apology before the Kerala High Court for its failure to implement the Court's directive to initiate recovery proceedings against the now banned Popular Front of India (PFI), for damage caused to public property during a flash strike held by it in September this year. [Kerala Chamber of Commerce and Industry v. State of Kerala]..A Division Bench of Justices AK Jayasankaran Nambiar and Mohammed Nias CP underscored that the perception of the executive about the judiciary should change, and that the judiciary should not be treated as another department of the government."We can’t be stuck in the past, the relationship between the executive and judiciary has to improve. The constitutional requirement is that we consult, concur and we work in tandem. We are not enemies; we are integral aspects of the government. Therefore, a mutual respect, a mutual corporation is the essence of the day," the Bench orally observed..Additional Chief Secretary of the Home Department Dr V Venu, who personally appeared before the Court today, assured it that the previous orders of the Court will be complied with. Further, revenue recovery proceedings will be initiated against the assets/properties of the PFI as well as the personal assets of its office bearers including the Secretary, Abdul Sathar, by January 15, 2023..The High Court had initiated suo motu contempt proceedings on September 22, the day the hartal was called, taking cognizance of the fact that the PFI had called for a hartal without the mandatory seven-day notice.Later, the Kerala State Road Transport Corporation (KSRTC) moved the High Court seeking compensation to the tune of ₹5.06 crore from the PFI for the damages caused to its buses during the hartal, after many protestors engaged in stone pelting and other destructive acts..During the last hearing, the Court pulled up the State government for delaying the recovery of ₹5.20 crore, and directed Dr Venu to be personally present along with an affidavit sworn to by him detailing the time frame for recovering the damages estimated..Today, the Court asked Dr Venu to instruct the officers below him about the seriousness of each court direction and the importance of abiding by them in a timely manner."Timely action is the essence in all this matters. You know the seriousness with which we dealt this case, we want to put an end to this sort of thing that happens in our State, especially when it comes to matters of public property; we are deadly serious about it. The officers below you do not seem to understand that this is the Court that is giving direction. They are treating it as if it is another department of government, which we are not. This is something that has to be seriously considered. That is why we called you here. Please give instructions to your officers and everyone down that when it comes to a court direction, they have to follow it," the Court said..The Court posted the matter for hearing on November 17, 2023.