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SC stops TN shutdown by DMK: bandhs are illegal

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Express news service Posted: Oct 01, 2007 at 0000 hrs IST
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NEW DELHI, CHENNAI, SEPTEMBER 30 : October 1 is intended to ensure complete cessation of all activities, then how can you say it is not a bandh?,” the bench asked the Tamil Nadu counsel.

The bench brushed aside the claims of the state and the DMK that what was essentially intended was a public meeting.

“Where is the public meeting? You show us. Your resolution say it is cessation of all activities and work. You want to show your popularity. Why do you want to close all educational institutions and commercial activities? Where will you then find people for your meetings?” the bench said.

“Your protest is against whom? The project, Central Government or against this court?” the bench asked to which the counsel claimed that the protest was for seeking early implementation of the project.

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The apex court also rejected the arguments of the state that the Madras High Court had permitted the protest programme by ensuring that there was on hindrances to the normal public life.

The bench said it was mainly concerned with the issue of deciding whether a bandh call can be given by any individual or organisation, after the concept of bandh had been declared illegal and unconstitutional by the apex court.

According to the bench, a bandh call essentially paralysed public life and was violative of the Fundamental Rights guaranteed under Article 19 (Freedom of Speech) and Article 21 (Right To Liberty) of the Constitution.

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