Popular Front Flash Hartal: Suo Motu Case Proceedings at Kerala HC, Strict Actions ordered by Police

Digital Desk: The Popular Front of India (PFI) leaders' illegal appeal for a flash hartal throughout the State, which the Court had previously barred, was sharply denounced, and suo motu proceedings against them were started by the Kerala High Court on Friday.

Following the NIA's arrest of its leaders yesterday, the PFI called for a morning to eve hartal in the State today.

Justice A. K. Jayasankaran Nambiar and Justice Mohammed Nias C.P. of the division bench observed that those who violate the court order shall face harsh punishment.

The bench stated in the order that it is suo motu implementing a separate action for contempt and that "the action of the aforementioned persons in calling for the hartal without following the procedure contemplated in our earlier order, prima facie amounts to contempt of the directions of this Court in the order aforementioned."

In a previous judgment from the Court, dated 7.1. 2019, it was mandated that a call for a hartal or general strike must be made with seven days' notice to prevent it from impinging on the fundamental rights of people who disagree with the purpose behind it.

Flash hartals, or strikes called without following the protocol of giving seven days' clear public notice, would be declared illegal or unconstitutional and would have negative repercussions for the person(s) or party initiating the strike, the Court had made plain.

The Court started Suo Motu proceedings against the PFI party after condemning its declaration of a flash strike in response to the NIA's detention of its key officials.

The Popular Front of India, represented by its State General Secretary, and its Kerala State Committee, led by Sri.A. Abdul Sathar, State General Secretary, were listed as respondents by the court.

1| The state police establishment shall guarantee that suitable measures are put in place to avoid any damage/destruction to public/private property of the government/citizens who do not support the demand for a hartal. 

In particular, the police must monitor any such behavior by supporters of the illegal hartal and file a report with this Court detailing such incidents and the level of damage, if any, caused to public/private property. 

The aforementioned data are required for this Court to take corrective action to recover such losses from the perpetrators of the illegality.

2| When registering cases against those found to be breaking the law, the police establishment must also keep in mind the provisions of the relevant Penal Laws, including the provisions of the Kerala Prevention of Damage to Private Property and Payment of Compensation Act, 2019, as well as Section 188 of the Indian Penal Code. 

All public utility services that face violence at the hands of those supporting the unlawful hartal will also get adequate police protection. 

We accept the learned Director General of Prosecutions' submission, Sri.T.A.Shaji, that Circulars/instructions to that effect were previously issued by the State Police Chief last evening.

3| We are concerned that in today's media reportage on the flash hartal, there is only a reference to the request for a flash hartal, with no mention of the interim order imposed by this Court, which has the impact of making similar calls for hartal without seven days public notice, making it unconstitutional.

 As a result, we believe it is necessary to once again ask the media to guarantee that whenever such illegal flash hartals are called for, and it is clear that the said hartal is in violation of the orders issued by this Court, the public is made aware of the fact.

This, in our opinion, would suffice to alleviate the general public's concerns about the legality of the request for hartal, as well as discourage providers of public utility services from responding to such calls for illegal hartals in the future.

The State Government's report on the topic has been scheduled for September 29, 2022.