Bandhs/Road/Rail Blockades Illegal & Unconstitutional; Organizers Must Be Prosecuted: Gauhati HC Issues Guidelines [Read Order]

The Gauhati High Court has held that road and rail blockades are variants of bandh, and thus illegal and unconstitutional.Justice Ujjal Bhuyan also observed that the organizer or organizers of such bandh or blockade, at least the principal office bearers of such organizer(s), would be liable to be prosecuted under various provisions of the Indian Penal Code, 1860, National Highways Act, 1956 and the Railways Act, 1989. While considering a writ petition filed by Lower Assam Inter District Stage Carriage Bus Owner's Association, the court observed that road-blockades and rail-blockades have paralysed the State on numerous occasions having a deleterious effect on the people, besides causing immense loss to the economy. Terming them as an 'endemic problem', the judge observed: "The phenomenon called bandh has become an endemic problem in the State. As a matter of fact, such bandhs were called and enforced in different parts of the country causing severe inconvenience to the public besides loss of life and property. At one point of time, it appeared that there was decrease in the call for bandhs in the State, but again it has become a regular phenomenon." The court also referred to judgments of Kerala High Court on Bandhs, (Bharat Kumar –Vs- State of Kerala, James Martin –Vs- State of Kerala etc.), which were later upheld by the Supreme Court. It also refers to Bombay and Meghalaya High Court judgments on the subject. The court further observed: "Thus from the above, it is evidently clear that bandh is illegal and unconstitutional. This is the law declared by the Supreme Court of India. Not only that, Supreme Court has declared that no organization has any right to call for and enforce bandh. If a person comes forward and claims to have suffered loss to life and property, the organizers of the bandh would be held responsible and they would be liable to pay compensation. If the State fails to prevent such bandh because of which a person suffers loss, the damages can be recouped from the State." The court noted that till date no legislative or executive measures have been taken to give effect to the law declared by the Supreme Court. It also recollected that the Advocate General, Assam had submitted before the Division Bench that the State Government was about to introduce the Assam Prohibition and Prevention of Bandh Bill, 2017 in the Legislative Assembly. Though more than a year has gone by since then, the required legislation is nowhere in place, the court said. It added: "Thus, it is evident that the State Government is in no hurry to enact a law or to bring in a legislation to give effect to the law laid down by the Supreme Court though submission was made before this Court that an improved draft of the Assam Prohibition and Prevention of Bandh Bill, 2017, had been prepared and was in the process of being enacted into a legislation. In the meanwhile, the general public continue to suffer the depredations of the bandh organizers so much so that even doctors attending to their duties have not been spared. Without expressing any opinion on the raison d' etre for calling bandhs, it has to be mentioned that State of Assam has witnessed a spurt in such bandhs and blockades in recent times causing enormous loss to the citizens and the government alike if the assessment of loss on account of bandhs made by the government for the year 2014 is taken as the yardstick. State cannot remain a mute spectator to such blatant violation of the law laid down by the Supreme Court." The court also added that the organizer or organizers of such bandh or road/rail blockade, at least the principal office bearers of such organizer(s), would be liable to be prosecuted under various provisions of the Indian Penal Code, 1860, National Highways Act, 1956 and the Railways Act, 1989. The bench issued these guidelines: Road blockades and rail blockades are nothing but variants of bandh; therefore, those are also illegal and unconstitutional.If any organization calls for an Assam bandh or state-wide road blockade/rail blockade and enforces the same, first information shall be lodged by the Commissioner of Police, Guwahati city or by any of his subordinate officer whom he may authorize before the Panbazar Police Station within 24 hours of such bandh/blockade, whereafter written information shall be furnished by the Commissioner of Police, Guwahati city to the Commissioner and Secretary to the Government of Assam, Home and Political Department within 3 to 7 days of lodging of first information with case detailsIn case of a district bandh or a bandh covering more than one district or a local bandh or a blockade of either road or rail of similar nature, the jurisdictional Superintendent of Police shall lodge first information before the competent police station within 24 hours of such bandh or blockade, whereafter the said Superintendent of Police shall...

Bandhs/Road/Rail Blockades Illegal & Unconstitutional; Organizers Must Be Prosecuted: Gauhati HC Issues Guidelines [Read Order]

Ashok Kini

"If a person comes forward and claims to have suffered loss to life and property, the organizers of the bandh would be held responsible and they would be liable to pay compensation."

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