Bandh - Full Stop!

A 12 hour Karnataka 'bandh' was called to protest against the Cauvery river water distribution verdict of the Supreme Court of India.

One of the main functions of the Supreme court is to fix disputes between states (like the Cauvery case). Here's how Supreme court's jurisdiction webpage start: "The Supreme Court has original, appellate and advisory jurisdiction. Its exclusive original jurisdiction extends to any dispute between the Government of India and one or more States or between the Government of India and any State or States on one side and one or more States on the other or between two or more States, if and insofar as the dispute involves any question (whether of law or of fact) on which the existence or extent of a legal right depends. (Contd...)"

When a protest against a Supreme Court of India ruling is done, isn't that contempt of court and law? I am sure an appeal process exists. Bandh cannot be a means of appeal!

Supreme Court of India in a ruling in 1997 said: "... There cannot be any doubt that the fundamental rights of the people as a whole cannot be subservient to the claim of fundamental right of an individual or only a section of the people. It is on the basis of this distinction that the High Court has rightly concluded that there cannot be any right to call or enforce a "Bandh" which interferes with the exercise of the fundamental freedoms of other citizens, in addition to causing national loss in may ways. (Contd...)"

So, isn't it illegal for any political party (or any other organisation) to call a bandh? How do the political parties get away with this?

7 comments:

~ Deeps ~ said...

they will get away with this ........the govt is supporting them and no one in karnatka has balls to go and file a PIL against the bandh at SC

~ | | OM | | ~ said...

there is nothing illegal for politicians here !!!

what are you quoting? rulings? law? huh !!!

Richa Bhardwaj said...

A lot of things are weird in our country!

Kanu said...

You are correct but politically speaking...Nothing official about it!!!!

Subhadip said...

@All
Isn't that sad?

Estimated loss by this bandh as reported in TOI: Rs. 500 crore.

Rohit Talwar said...

This is just usual for us - we invariably spend on things that don't help in anyway. Plus, as D said, noone has balls to file a PIL.. the "who cares" attitude also comes into the picture.
I think everyone does but putting an effort into it gets to them.. :-/

Butterfly said...

Good post. Calling Bandhs should be banned. They are just not the right way to protest. In Dec. 2006, four bandhs were called in West Bengal just because the
CPI(M) want industrialization in Bengal whereas the Trinamool Congress don't.