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Sikkim High Court Stays Thursday Bandh By Sikkim Krantikari Morcha (SKM) On Account Of Public Disruption And Disturbances.
A division bench of the Sikkim High Court, in an interim order, prohibited the state opposition party, Sikkim Krantikari Morcha (SKM), from advancing on Thursday (February 28) with its proposed bandh.
The court was hearing a public interest litigation petition against the proposed bandh that claimed that it would have a debilitating effect on a large number of the students and cause disturbances to public order. The court also barred the ruling party, the Sikkim Democratic Front (SDF), from holding a peaceful demonstration on the same day.
Senior Advocate N Rai represented the petitioners and said that a large number of students, travelling from distant areas such as Singtam and Rangpo, would have been excessively affected. They also argued that the bandh would make it difficult for students preparing for their 10th and 12th standard board exams. The petitioners also pointed out that there have been several cases in which gatherings in the Gangtok Bazaar area have caused a nuisance to public order and that the potential for conflict was high, as both SKM and SDF were planning rallies on the same day.
In response, Advocate General of Sikkim Mariarputham submitted that the Chief Secretary has already issued a circular dated February 20, declaring not only that such strikes or bandh would be illegal, but also that any organizer would face legal proceedings and be held liable for any damage caused.
The high court first noted the timeliness of the case, given that it had not offered any of the private respondents the opportunity to respond to the interim relief application filed by the petitioners. In All India Anna Dravida Munnetra Kazhagam vs. Chief Secretary, Government of Tamil Nadu and Others [(2009)5 SCC 452], the Supreme Court held that ordinarily, the High Court, as well as the Supreme Court, should refrain from passing any interim order whose effect would be to grant the main relief but in cases where it is not possible to give notices to all the necessary parties and listen to them due to the shortage of time and in case interim order is not passed, the main case would become infructuous" an "interim order should be passed".
On the merits of the interim application, the court declared that it is the duty of the State Government to ensure law and order and also to ensure that the normal life of citizens are not disturbed and, as such, prevented SKM and SDF from conducting their events on Thursday and also directed the Chief Secretary and Director General of Police to ensure that any person involved in organising any bandh or disruption to public order be booked under the necessary provisions of law, and that a failure by either of these two officials to do so would attract appropriate court actions. IT held that in the event that a public/private property is damaged and if anyone is prevented from moving from one place to another, necessary action be taken against those persons found involved in such damage or restraint and they shall also be liable to pay compensation as directed by this Court.
The judge set April 1 as the date for the final hearing.
