Recover losses caused to small traders during bandhs from organisers/political parties: Karnataka High Court to State Government

The Karnataka High Court on Friday asked the State to recover losses caused to small traders and roadside businesses during bandhs from the organizers of such demonstrations..A Division Bench of Chief Justice Abhay Shreeniwas Oka and Justice Vishwajith Shetty made this observation after it was noted that small traders and roadside vendors had been at the receiving end owing to the COVID-19 pandemic. ."Business of small traders has already been affected due to the pandemic and now the bandh called by political parties will make them face more loss”, the Bench orally observed..The Court was apprised that a Karnataka bandh was scheduled on December 5. While refusing to pass an interim order on the bandh call, the Court stated that the Kannada Chaluvali Vatal Paksha, the organiser of the bandh, is yet to respond to the Court’s notice..The Court was hearing a plea alleging that the National Directives for COVID-19 Management, part of the Union Ministry of Home Affairs (MHA) guidelines, were not being followed in Karnataka..During the course of the hearing, the Bench directed the State government to impose fines on individuals and higher penalties on organisers of rallies as part of the Karnataka bandh on December 5, if they violate COVID-19 norms..The Bench further noted that the State had not taken steps to prosecute those violating face mask and social distancing regulations during protests and rallies..Also, it was pertinently observed that the State had not passed an ordinance to amend the existing penal provision under the Karnataka Epidemic Diseases Act, which only penalises the violators to the extent of collecting fines. .In this regard, the Court remarked, ."You (State) is not taking action though there are cognizable offences, you will not amend the law, people will be scot-free. This (violations of social distancing norms) will continue....".Saying that there is no excuse for not setting criminal laws in motion, the Bench ordered the State government to submit on the next date of hearing the details of steps taken to penalise violators during the December 5 bandh and the amount of fines collected..The Bench additionally directed the government to ask the police department to keep a vigil on violators during the bandh..The matter will be next heard on December 17. .Will you direct members to wear masks, maintain social distance at political rallies? Karnataka High Court to BJP, INC, other political parties

Recover losses caused to small traders during bandhs from organisers/political parties: Karnataka High Court to State Government

Rintu Mariam Biju

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