RailEnquiry

KOLKATA: More than a decade after the Kerala high court ruled against the enforcement of hartals in 2000, Calcutta high court on Thursday directed the state administration to ensure normal life against forcible shut down on February 20 and 21 when 12 trade unions have called a strike. The administration has been asked to keep all essential services, including courts, running during these two days.While upholding the right to work that has taken a back seat in Bengal where trade unions have been flaunting the right to protest only, a division bench of Chief Justice Arun Mishra and Justice Joymalya Bagchi directed the director general of police to deploy adequate force at all points in the state - roads, railway tracks, railway stations, schools, colleges, market places - to remove blockades. Taking a step ahead, the bench wanted the administration to see to it that no one, willing to work on these two days, is prevented from joining duty.

Allaying fears of disruption and damage to property, the division bench held those who called the strike liable for the disruption or damage, and observed that organizations calling the strike will have to compensate for the loss. The bench also directed all police control rooms to remain active on those days to avert "unlawful and illegal" activities.

While passing the order, the division bench took note of the Supreme Court order, the order of the Kerala high court, and the preceding orders of the Calcutta high court and other high courts that had ruled that calling bandhs is unconstitutional. The bench passed the order while hearing out a public interest litigation filed by Mofijul Haque of the All India Minority Forum and M A Ali of the Academy of Martial Arts, praying an order directing the state government to keep life normal on the days of the strike call.

Lawyer for the petitioners Idrish Ali cited the Supreme Court verdict that held that bandh is unconstitutional. Ali submitted that the 12 trade unions have called the bandhs in violation of the apex court verdict. Counsel for Citu and former state law minister Nisith Adhikary, however, argued that trade unions have not called a bandh. They have appealed to the people to protest against the anti-people policies of the Centre on February 20 and 21. Adhikary submitted that the trade unions won't force the people to join the protest which is why the question of applying force doesn't arise. The Citu counsel also submitted that the right to protest is well within the purview of the Constitution. Justice Joymalya Bagchi observed that disrupting public life is a criminal offence.

During the hearing, Chief Justice asked government pleader Asoke Banerjee to state the government stand. Banerjee submitted that the state government is opposed to bandhs to hartals and will take all measures to keep life normal.

This is not the first time that the Chief Justice stressed the right to work. While taking up the PIL for hearing on the first day, the Chief Justice pointed to the poor work culture and cited instances of China and Japan for the work people do there.