HC comes down heavily on political parties over hartals, says it's 'camouflaged bandh'

Kochi: Hartal, a camouflaged bandh, which was banned many years ago, and failure to check that is a fault of the government, said Kerala High Court. Any one who defies hartal will have to face attack. If shops and offices are open for work, they will destroy everything, a division bench of the court commented.

The court criticised hartal which has come to mean destruction. "Not a man moves, not a vehicle runs, not even a mouse stirs. If anybody violates the agitators — usually political parties — dictates and stirs out, or opens office or shop, violence and wanton destruction are the never-failing nemeses. Disruption defines hartal."

The bench made these observations while ratifying the single bench verdict that had ordered a compensation of Rs 7 lakh to the driver who lost his vision in the stoning during a hartal called by Left Democratic Front (LDF). The bench which consisting of Acting Chief Justice, Antony Dominic and Justice Dama Seshadri Naidu dismissed the appeals filed by the state government and the state police chief against the single bench order.

The incident had taken place in July 2005. The driver of the company, Malayalam Industries Limited, Chandra Bose from Kalamassery was driving a mini lorry from Kannur to Kozhikode when on the way in Koyilandi the vehicle was pelted with stones. The stones broke the windscreen and hit the right eye of Chandra Bose whereby he lost his eyesight.

Chandra Bose approached the High Court seeking compensation, making the state government, state police chief, CITU state Secretary and LDF convenor respondents. The amount he demanded was Rs 14 lakh. The single bench granted a compensation of 7 lakhs, and ordered 75% of this to be paid by state secretary of CITU and LDF convenor, and the remainder by the government, and to pay the amount within 3 months. It also stipulated that in case of default in payment within the time limit, interest should be charged at 6% from the date of accident. The appeal was filed against this verdict.

The division bench in the order on the latest appeal, ordered the Government to pay up and recover it from 'the political party or front'.