Kochi: Refusing to ban hartals and strikes, the Kerala high court on Wednesday asked the State to frame a comprehensive law as per the recommendations of the State Law Reforms Commission Report, 2008.
The court, however, observed that acts of violence and destruction of public and private property had to be strongly condemned and those who indulged in any such acts had to be brought before the law. A whole lot of people who had endured damages during hartals seldom approached civil courts for redressel of their grievances just because of the delay in deciding the cases, the court observed.
A Full Bench comprising Acting Chief, Justice Ashok Bhushan, Justice A.M. Shaffique and Justice A.K. Jayasankaran Nambiar criticised the State and observed that the State had miserably failed in checking and controlling the menace of hartal.
The court was considering various pleas seeking to ban hartals in the State. "No legislation has yet been enacted by the State covering the aspects in the draft bill for forming an Act for the fair negation, salutary regulation and special legitimation in public interest, of hartals and validation of workers’ right to strike Bill’ provided by the Commission.
The court also refused to ban the media from reporting announcements of hartals. The bench observed that demonstration speeches fall within the Right to Freedom of Speech and Expression under Article 1 (1) (a). Right to conduct demonstrations on highways without causing obstruction to others was a fundamental right, the court said.
"The State should monitor all events/incidents of hartal and strike calling for reports from district magistrates and police commissioners from each district. The State should also take effective steps to provide all assistance for the finalisation of prosecution relating to cases registered during hartals and strikes as well as the compensation claims for destruction of private and public properties", the court held.
