The Supreme Court today decided to
examine alleged non-implementation and non-compliance of its guidelines
on the issue of strikes and ‘dharnas’ by political parties and others
which have in many cases resulted in destruction of public and private
property.
A bench comprising justices P Sathasivam and J S Khehar
issued notices to the Centre and all state governments and sought their
responses on the allegation that the apex court guidelines issued in
this regard in 2007 and 2009 have not been implemented.
The
bench, while granting them eight weeks time, also directed them to file
status reports explaining as to the steps they have taken to implement
the guidelines issued by the court and to prevent destruction of public
and private property during demonstrations and ‘hartals’.
The
court passed the direction on a PIL filed by advocate Koshy Jacob who
gave instances of such ‘bandhs’ or ‘hartals’ declared by political
parties in Kerala.
"We will examine this, but the fact remains
that you have only highlighted the instances from Kerala," the bench
said, asking Jacob’s counsel and senior advocate M N Krishnamani to give
information regarding such ‘bandh’ or ‘hartal’ from other states in the
next hearing.
The counsel told the court that they had sought
the information under Right to Information Act from other states but
they were not given the material.
The PIL submitted that there
were wilful and deliberate omission on the parts of the authorities to
comply with the April 16, 2009 guidelines passed by the apex court in a
matter relating to destruction of public and private properties.
The
PIL alleged that if a ‘bandh’ or ‘hartal’ was declared by a political
party in power, the state government remained mute spectators in
disregarding the judgements and guidelines of the apex court, which
results in destruction of private and public property in large cases.
The
petition referred to the recommendations of two committees appointed by
the apex court on the issue and to which the court had given green
signal for immediate implementation.
Justice (retd) K T Thomas committee had made recommendations relating to the Prevention of Damage to Public Property Act.
The
Fali S Nariman committee had also made recommendations that have to be
followed in the absence of legislation in this regard.
The
petitioner submitted that three years have passed but neither the state
governments nor the Centre have taken any action to put in place
legislation or any fast-track mechanism has been created which is
consistent with the guidelines.
"The states are not taking any
positive steps to follow or implement the guidelines issued by this
court which ultimately results in violation of Fundamental Rights
guaranteed under the Article 14, 19, and 21 of the Constitution," the
PIL said.
The petition also said that these guidelines are to be
followed by government authorities to prevent destruction of public and
private properties during demonstrations, ‘bandhs’, ‘hartals’ called by
political parties and other organisations.