High Court restrains Sikkim Krantikari Morcha from carrying out bandh

The Sikkim High Court yesterday restrained the Sikkim Krantikari Morcha from carrying out a bandh in the state on February 28. It has also barred another political party from undertaking a peaceful march on the same date..The opposition parties in the state had threatened to call the strike if their demands were not met by February 25. The parties are demanding reservation of seats in the Assembly for the Limboos and Tamangs, which are the sub-communities of the Gorkha community..A Division Bench of the High Court comprising Chief Justice Vijay Kumar Bist and Justice Meenakshi Madan Rai restrained the parties from calling for a bandh and has also directed against any peaceful procession or rally that was scheduled to be carried out on February 28..The Court was hearing a Public Interest Litigation filed against the call for a bandh. The petitioner had sought directions from the Court to restrain Sikkim Krantikari Morcha from going ahead with the proposed bandh. The call for strike was also sought to be declared illegal and unconstitutional..The strike would affect the normal lives of people, particularly those of the students who commute from far off places to go to schools and colleges. It would also act as an obstacle in the way of students appearing for their Board examinations, the petitioner submitted..The petitioner has also averred that Sikkim has witnessed unrest in the past, in the lead up to the 2014 general elections, when violent demonstrations took place. The state government failed to take appropriate steps at that time, the petitioner has alleged..The state, through its Advocate General, however, submitted that preventive measures have already been taken by the Chief Secretary..The Court cited a Supreme Court judgment, wherein it had observed that courts shall refrain from passing interim orders that have the effect of the main relief sought. However, in this case, paucity of time constrained the Court from hearing all the parties before passing an interim order. If no interim order is passed, the main relief sought would be rendered infructuous, the Court noted..“in cases where a party approaches the Court without loss of time, there are no laches on its part, it is not possible to give notices to all necessary parties and hear them because of paucity of time and in case interim order is not passed, the main case would become infructuous, in such cases interim order should be passed.”.It was observed that the state has the duty to maintain law and order and to ensure that normal life of the citizens is not disturbed. In view of the same, the Court directed the Chief Secretary and the Director General of Police to ensure that any person calling for a bandh is booked under necessary provisions of the law..The Court further added that should the Chief Secretary and the DGP fail to take necessary steps, “appropriate action will be taken” against these officials. Additionally, opposition parties were barred from calling for a strike..It was also specified that if any person is found to have damaged any public or private property or is found to have indulged in preventing any person’s free movement from one place to another, the offender shall be made liable to pay compensation and appropriate action should be taken against him..The Court issued notice and listed the matter for final hearing on April 1..The petitioner was represented by Senior Advocate MN Rai. Advocate General A Mariarputham appeared for the State of Sikkim..Read the Order:.Image taken from here.