AIR 1998 SC 184 Affirming AIR 1997 Kerala 291 - A Progressive Law
By
Nilay Vipinchandra Anjaria
There are not umpteen number of judicial pronouncements which leave their imprint by their dynamism to charter a progressive course in socio-political affairs of the country. There are even less number of judgments wherein the judges’ made law engineers socio-political healthiness. The pronouncement by the Full Bench of Kerala High Court presided by K.G. Balalkrishnan J. (as he then was) in the case of Bharat Kumar K. Palicha v. State of Kerala, AIR 1997 Kerala 291 and affirmed by the apex Court in AIR 1998 SC 184 is one such, which can legitimately claim to be a progressive and activist judgment yet delivered without overstepping the permissible limits of judicial parametres.
It holds that the act of enforcing ‘Bandh’ by political parties and organisations which invariably result into violence to public and private property and prevents the general public from exercising their fundamental rights is illegal and unconstitutional. It further lays down that no ....