Prerna Gala
Published by: 23 September 2022, at 17:24 IST
PFI is the subject of a suo motu contempt of court complaint brought by the Kerala High Court for calling a hartal without permission.
The Popular Front of India (PFI) was charged with contempt of court on Friday by the Kerala High Court for organising a flash hartal that had been earlier prohibited by the court [Kerala Chamber of Commerce and Industry v. State of Kerala].
The organisation, which has been under fire for its activities across the country, was sharply criticised by a division bench of Justices AK Jayasankaran Nambiar and Mohammed Nias CP for disobeying the court’s directions.
“The action of the aforementioned persons in calling for the hartal without following the procedure contemplated in our earlier order, prima facie, amounts to contempt of the directions of this Court in the order aforementioned,” the Court said
Relevantly, the Court observed that media coverage regarding the flash hartal today only briefly stated the request for one and made no mention of the specifics of the interim injunction the Court had issued prohibiting such hartals.
Therefore, it asked that anytime a similar hartal was required, the media highlight the Court’s ruling forbidding such hartals.
“We, therefore, deem it necessary to once again request the media to ensure that whenever such illegal flash hartals are called for, and it is apparent that the said hartal called is in violation of the orders passed by this Court, the public be duly informed of the said fact. “
“This, in our view, would suffice to a large extent, in allaying the apprehensions of the general public as regards the legality of the call for hartal and also dissuade providers of public utility services from heeding to such calls for illegal hartals in future.”
“We issue the following directions in the wake of the situation that has now arisen, where an illegal call for hartal has been made by the aforesaid persons, to the prejudice and inconvenience of the general public,” the Court said.
In addition, the Court ordered the state police to watch out for any harm to the property of people or businesses that oppose the hartal. It mandated that the court be notified of any damages inflicted in this manner.
“The said details would be necessary for this Court to take remedial action to recover such losses from the perpetrators of the illegality,” the order stated.
Additionally, it instructed the State Police to register cases against anyone found to be breaking the law while keeping in mind the provisions of all applicable penal laws, including Section 188 of the Indian Penal Code and the Kerala Prevention of Damage to Private Property and Payment of Compensation Act, 2019.
“Adequate police protection shall also be granted to all public utility services that apprehend violence at the hands of those supporting the illegal hartal,” the Court said.
The Court recalled that it had issued an order in January 2019 noting the peculiar circumstances in the State of Kerala where calls for hartals have evolved over time to carry an implied warning that the general public might face threats of violence or actual violence if they did not cooperate with those calling for the hartal.
As a result, the Court mandated that anybody planning to call for a general strike or hartal, including political parties and other associations of people, must publicly announce their plans seven days in advance.
The Court’s 2019 order states, “we make it clear that hartals/strikes called without adhering to the above procedure would be deemed illegal/unconstitutional, and while the same would entail adverse consequences to the person/party calling for the hartal, the said person/party would also be liable, on the principles of strict liability, for any loss/damage caused to citizens and government pursuant to the call for hartal/general strike.”
It did, however, point out that the PFI had declared a flash hartal yesterday, September 22, despite this clear directive.
The state government was ordered to produce a report by the court, which also suo motu impleaded PFI State General Secretary A Abdul Sathar as an additional defendant in the case.
The matter will be discussed again on September 29.
PFI offices were searched nationwide on September 22 by the National Investigation Agency (NIA).
A number of PFI leaders, including PFI National Secretary VP Nasarudheen aka Nasarudheen Elamaram, were detained in Kerala.