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Kerala HC takes suo motu case against PFI for declaring hartal

Source: PTI   -  Edited By: Utkarsh Mishra
September 23, 2022 14:05 IST
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The Kerala high court on Friday took suo motu case against radical Islamic outfit Popular Front of India (PFI) and its state general secretary over declaring hartal in the southern state on Friday.

IMAGE: Deserted Chali market during the hartal called by Popular Front of India (PFI) in protest against the nationwide arrest of its leaders by National Investigation Agency and Enforcement Directorate, in Thiruvananthapuram, Friday, September 23, 2022. Photograph: PTI photo

Justice A K Jayasankaran Nambiar said despite its 2019 order, a call for a flash hartal was made yesterday by the PFI.

"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 observed.


Initiating suo motu case, the court issued directions to the police to ensure adequate measures to prevent any damage or destruction to public and private property of those who do not support the call for hartal.

"In particular, the police shall also take steps to monitor any such activity by the supporters of the illegal hartal and shall place before this Court a report giving details of such instances and the extent of damage, if any, caused to public/private property. The said details would be necessary for this court to take remedial action to recover such losses from the perpetrators of the illegality," Justice Nambiar said.

The court also asked the police to grant adequate protection to all public utility services that apprehend violence, at the hands of those supporting the illegal hartal.

The high court, in its order, also noted that media houses were reporting the news of 'flash hartal' without mentioning the details of the order passed by the court declaring it as illegal the calls for hartal without seven days public notice.

"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," the court said.

It added that it 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.

The court has now posted the matter for the report of the state government on September 29.

The high court had on January 7, 2019 made it clear that flash hartals, namely those hartals/strikes called without adhering to the procedure of giving seven days public notice, would be deemed illegal/unconstitutional entailing adverse consequences to the persons/party calling for the hartal.

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Source: PTI  -  Edited By: Utkarsh Mishra© Copyright 2022 PTI. All rights reserved. Republication or redistribution of PTI content, including by framing or similar means, is expressly prohibited without the prior written consent.
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