In a trend-setting order, the Madras High Court on Friday asked the Tamil Nadu government to ensure that the state-wide bundh on October 1, called by the ruling DMK and its allies over Sethusamudram project, is not forced on the people and normal life is maintained.
Admitting a batch of writ petitions filed by AIADMK chairman V E Madhusudhanan, Janata Party president Subramanian Swamy and social activist ‘Traffic’ Ramasamy pleading that the bundh be declared unconstitutional, the first bench comprising Chief Justice A P Shah and Justice P Jothimani directed the government to ensure that buses and trains run smoothly, and normal air services are maintained.
It also directed the government to see to it that no political parties, organisations, groups and individuals, “by force, coercion or intimidation”, stops or interfers with road or rail traffic or free movement people.
The bench also said the Chief Secretary should give publicity, through print and electronic media, about the steps taken by the police to deal with the bundh to make people feel secure.
The court said that these directions would be in addition to the instructions issued by the Chief Secretary to the Director-General of Police and district collectors on the steps to be taken. A copy of the Chief Secretary’s letter was submitted to the court by Advocate-General R Viduthalai.
The Chief Secretary, in the letter, said essential services should be maintained and adequate protection should be given to vital installations like power stations, important government buildings, oil installations, railway bridges, etc.
Protection should also be given to the high court and other courts. Action should be taken action against anti-social elements indulging in violence and vandalism, and there should be visible police bandobast outside railway stations, bus depots, hospitals and educational institutions, the letter said.
The court directed that notices be issued to the DMK, the Congress, the PMK and the two left parties which had called for the bundh, and posted the case for further hearing on October 24.
The court passed the orders after noting submissions made by the petitioners that the bundh was state-sponsored and that it was violative of the citizens’ fundamental right to freedom of movement and association, guaranteed under Article 19 and 21 of the Constitution as also Supreme Court judgments on bundhs, hartals and strikes.
The petitioners pointed out that the call for the bundh to press the Centre for speedy implementation of the Sethu project was given at a meeting of the DMK and its allies chaired by chief minister M Karunanidhi.
The petitioners contended that the bundh call would amount to interference with the course of justice as the issue was before the Supreme Court and it had, by an interim order, stopped dredging work in the Ramar Sethu area.