In a stunning reversal of position, a division bench headed by Chief Justice of India (CJI) K.G.Balakrishnan termed Bandhs as legitimate means of expressing people’s feelings, in a democracy. The stark change of stand looked even more contradictory in the light of a Kerala High Court judgment in 1997, which termed Bandhs as “Unreasonable and could not be accepted as a legitimate exercise of fundamental right by a political party or those comprising it.”
When challenged, the Supreme Court (SC) upheld the 1997 judgment of Kerala High Court, setting stage for similar judgments and rulings from various other High Courts later. Curiously enough, the present CJI was a part of the Kerala High Court Bench that gave the landmark anti-Bandh judgment in 1997.
The present case relates to a petition filed by one J.Satish Kumar, who sought anti-bandh ruling from the Apex Court for the Bandh call given by Sri Lankan Tamil’s Protection Movement and tried to invoke the SC ruling in the 1997 case.
Appearing for J.Satish Kumar, his councel Ajit Pudussery argued that the Bandh call given by an umbrella organization- Sri Lankan Tamil’s Protection Movement- of a political party was in direct violation of the order that the Apex Court gave while upholding Kerala High Court judgment of 1997.
The bench headed by the CJI Balakrishnan and comprising Justices P.Sathasivam and J.Panchal said on Tuesday the 3rd Feb’09, “What has this court to do with stopping the strikes. India is a democratic state where everyone has the right to express their feelings.”