Strike cannot interfere with normal life: court

By IANS

Chennai : The Madras High Court Friday ordered the Tamil Nadu Government to ensure that the October 1 statewide strike announced by the ruling Dravida Munnetra Kazhagam (DMK) and its allies does not affect normal life.


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The strike by the ruling alliance is to protest the delay in implementing the Sethusamudram project.

A bench comprising Chief Justice A.P. Shah and Justice P. Jyothimani said the strike violated the fundamental rights of the citizens guaranteed by Articles 19 and 21 of the Constitution – right to freedom of movement and association, besides being a challenge to the Supreme Court’s judgements on the issue.

It admitted three writ petitions filed by AIADMK chairman V. Madhusudanan, Janata Party president Subramanian Swamy and social activist “Traffic” Ramasamy who said the strike be declared unconstitutional.

The judges directed the Government to ensure that no political parties, organisations, groups and individuals disrupt road and rail traffic or free movement of the common public “by force, coercion or intimidation.”

The court ordered the chief secretary to publicise in both the electronic and the print media the arrangements made by the police and the instructions to the director general police and district collectors about the preventive measures to be undertaken.

A copy of the chief secretary’s communication to all the government departments in this regard was submitted to the court by advocate general Viduthalai.

It asks all the wings of the government to maintain essential services and accord necessary protection to vital installations including courts, power stations, important government buildings, oil installations and railway bridges etc.

The communication became part of the court’s observations and an order was issued that stringent action be initiated against anti-social elements found involved in violence and vandalism.

The court said that adequate but mandatory police pickets be installed outside railway stations, bus depots, hospitals and educational institutions to maintain law and order.

The court also issued notices to the DMK, the Congress, the Patalli Makkal Katchi (PMK) and the two left parties, which had called for the bandh.

The matter will be heard again on Oct 24.

The petitioners contended that the call for the strike was an open challenge to the rule of law, since the Supreme Court had ordered an interim stay on dredging of the Palk Straits – part of the Sethusamudram Project.

Also, Chief Minister M. Karunanidhi himself had announced the decision to carry out the general strike and the DMK, which is part of the central government, is campaigning for the completion of the project.

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