Full Judgment Text
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PETITIONER:
THE COMMUNIST PARTY OF INDIA (M)
Vs.
RESPONDENT:
BHARAT KUMAR & ORS.
DATE OF JUDGMENT: 12/11/1997
BENCH:
B.N. KIRPAL, V.N. KHARE
ACT:
HEADNOTE:
JUDGMENT:
O R D E R
Leave granted
We have heard Mr. Harish Salve and Mr. Soli J.Sorabjee,
learned counsel for the appellant and Mr. Mathai M.
Paideday, learned counsel for the respondents.
On a perusal of the impugned judgment of the High
Court, referring to which learned counsel for the appellant
pointed out certain portions, particularly in paras 13 and
18 including the operative part in support of their
submissions, we find that the judgment does not call for any
interference. We are satisfied that the distinction drawn
by the High Court between a "Bandh" and a call for general
strike or "Hartal" is well made out with reference to the
effect of a "Bandh" on the fundamental rights of other
citizens. There cannot be any doubt that the fundamental
rights of the people as a whole cannot be subservient to the
claim of fundamental right of a n individual or only a
section of the people. it is on the basis of this
distinction that the High Court has rightly concluded that
there cannot be any right to call or enforce a "Bandh" which
interferes with the exercise of the fundamental freedoms of
other citizens, in addition to causing national loss in may
ways. We may also add that the reasoning given by the High
Court, particularly those in paragraphs 12, 13 and 17 for
the ultimate conclusion and directions in paragraph 18 is
correct with which we are in agreement. We may also observe
that the High Court has drawn a very appropriate
distinction between a "Bandh" on the hand and a call for
general strike or "Hartal" on the other. We are in
agreement with the view taken by the High Court.
The appeals are dismissed accordingly. No costs.