BREAKING| Kerala High Court Directs PFI To Deposit Over Rs 5 Crores Towards Hartal Damages, Says Citizens' Lives Can't Be Put In Peril

The Kerala High Court on Thursday directed the Popular Front of India (PFI) 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 on account of its 'flash hartal'.

A Division Bench consisting of Justice A. K. Jayasankaran Nambiar and Justice Mohammed Nias C.P. observed that PFI and its general secretary are "wholly and directly responsible" for the injuries inflicted by their supporters on the citizens, as also for the damage caused to public/ private property.

The development comes in the suo motu proceedings initiated against PFI leaders over illegal call for flash hartal on September 23 following the arrest of its leaders by the NIA.

Strongly condemning the call for flash hartal, the bench observed:

Flash Hartals in this State are not going to happen irrespective of political views, party or any others. Life of citizens cannot be put in peril. The message is loud and clear. If anybody does it, this will be the consequence. You can have your organisation, you can have your demonstration against any cause; the Constitution permits it, but no flash hartals. 

The Court had previously, in an order dated 7.1. 2019, issued directions to ensure that a call for hartal or general strike does not have the effect of affecting fundamental rights of those who do not align with the cause. It had mandated 7-days prior notice for declaring hartal. The Court had also made it clear that flash hartals, namely those hartals/strikes called without adhering to the procedure of giving seven days clear public notice, would be deemed illegal/unconstitutional, entailing adverse consequences to the persons/party calling for it.

Thus, the instant suo motu proceedings were initiated by the Court.

The Kerala State Road Transport Corporation had also approached the Court seeking directive to PFI to pay Rs. 5.06 Crores as compensation for the damages caused to the corporation. 

When the matter was taken up today, the Court directed the State Government to make PFI General Secretary an additional accused in all the cases registered in the State following the flash hartal.

Whenever the word hartal is said, it has a different meaning among the citizens. People are living in perpetual fear. What does a common man have to do with this? Common man suffers, and for what? Not supporting an ideology of yours? the Court remarked orally. 

"Citizens of the State cannot be made to live in fear solely because they do not have the organized might of the persons or political parties at whose instance such violent acts are perpetrated. Our constitution guarantees to each individual in society certain fundamental rights, and the said rights are to be respected and guaranteed not only by the State as a governing body but also by fellow citizens who must view such respect for others' rights as part of their fundamental duties under the constitution."

However, the Court clarified that peaceful hartals/demonstrations conducted after due public notice are permissible and are a facet of free speech under Article 19 (1)(a).

So far as the instant case is concerned, the Court observed that swift, prompt action will ensure that nobody ever dares to do this again. 

'We will also issue directions to all the Sessions and Magistrate Courts, wherever the bail application of the PFI workers are filed, to insist on a deposit of an amount equivalent to the loss incurred for damaging the property as a bail condition', the Court orally remarked.  

Thereby, the Court in the order has directed Magistrates and Sessions courts in the State, while considering the bail applications of those persons against whom cases have been registered by the Police in connection with the flash hartal that was called on 23.09.2022, to ensure that payment of any amount quantified towards damage/ destruction of property by any of the accused, is insisted from the accused concerned as a condition for the grant of bail to him.

The Court has also directed PFI to deposit an amount of Rs.5.20 crores with the Additional Chief Secretary, Home Department, towards the damages, within a period of two weeks.

However, the Court clarified that amounts so realized shall be purely provisional and shall be duly accounted for and held by the State Government in a separate and dedicated account for disbursal to those claimants who are identified by the Claims Commissioner as entitled to such amounts. The respondents shall also be liable to such further amounts as are found to be payable to the claimants in the adjudication proceedings before the Claims Commissioner.

In its order, the Court also expressed dismay at the State Administration which did "virtually nothing" to prevent the hartal organizers from going ahead with their illegal demonstrations and incidental road blockages. "Police force played only a passive role in dealing with the situation," it remarked.

Case title: Kerala Chamber of Commerce and Industry v. State of Kerala and Malayalavedi v. State of Kerala

Click Here To Read/Download The Order