AIR 1997 KERALA 291 ::(1997) 4 RecCivR 190 ::(1997) 3 APLJ 31 ::1998 (92) FJR 489 ::(1997) 2 Ker LT 287 ::(1997) 2 Ker LJ 1 ::(1997) ILR(ker) 3 KER 445

Kerala High Court

Hon'ble Judge(s): K. G. Balakrishnan, P. K. Balasubramanyan, J. B. Koshy , JJJ

(A) Constitution of India , Art.226— Powers of Court - "Bundh" - Calling for and holding of, by political party or organisation - Petition against - Court can take note of what actually happens when bundh is called out. (Para 7) (B) Constitution of India , Art.19, Art.21, Art.226— Calling for and holding of "bundh" - Involves a threat, express or implied to citizen not to carry on his activities or to practise his avocation on the day of bundh - It violates the fundamenetal rights of the citizens - Court can step in to protect rights of the citizen. The concept of a bundh by political parties or organisation can be understood as one where people are expected not to attend to their work or to travel for any purpose not to carry on theie trades with a threat held out either express or implied that any attempt to go against the call for the bundh would result in danger to life and property. Even if there is no express or implied threat of physical violence to those who are not in sympathy with the bundh, there is clearly a meancing psychological fear instilled into the citizen by a call for a bundh which precludes him from enjoying his fundamental freedoms or exercising his fundamental rights. Therefore, it cannot be said that the calling for ....