SC stops TN shutdown by DMK: bandhs are illegal

Holding a rare sitting on a Sunday, the bench of Acting Chief Justice B N Aggrawal and P P Naolekar ordered that the DMK and its allies shall not go ahead with the bandh either on October 1 or any other date, as the bandh per se was illegal and unconstitutional in view of the court’s earlier ruling on the validity of bandhs.

Stung by the court order, Tamil Nadu Chief Minister M Karunanidhi changed plans and decided that he and his alliance leaders would fast tomorrow in support of their demand. Declining to comment on the order, Karunanidhi told reporters “the hunger strike is for removal of Nandis (obstacles)” for speedy implementation of the project. Instead of the bandh, we will be observing a fast, he said.

The Supreme Court passed the direction on an “urgent application” filed by the opposition AIADMK along with its special leave petition seeking an injunction against the bandh. The three-hour argument that preceded the direction saw the bench making some scathing and stinging remarks against the very concept of a bandh.

Recalling that in 1998 the Supreme Court had clearly upheld the ruling of a full bench of the Kerala High Court which had said that calling or enforcing a bandh was illegal and unconstitutional, the bench regretted that orders of the courts were being violated.

“We have come to this stage in the country that everything has to be monitored, hammered or directed by courts. Even orders of the Supreme Court are not observed, what to talk of the High Courts. Ninety-nine per cent of the High Court orders are not complied,” the bench said.

The bench rejected arguments of senior counsel Altaf Ahmed and A K Ganguly appearing for Tamil Nadu and the DMK that the October 1 protest programme was not a bandh call but a “hartal”.

“If it is a bandh, then it is a breakdown of the Constitutional machinery.Your own resolution says that the programme on...