Kerala High Court on Thursday ordered the now-banned Popular Front of India to deposit Rs 5.2 crore with the state government over the damage to property caused during its flash hartal of September 23, or undergo attachment of its properties and those of its office-bearers.
The court also directed lower courts to insist, before considering bail for anyone arrested for violence during the daylong hartal, that the accused pay up whatever amount has been “quantified towards damage/ destruction of property” by them.
It observed that citizens “cannot be made to live in fear solely because they do not have the organised might of the persons or political parties at whose instance such violent acts are perpetrated”.
The bench clarified that it was passing the order solely in relation to flash hartals, which are illegal, and not general strikes and protests conducted legally.
The high court had on September 23 itself taken suo motu cognisance of the flash hartal and impleaded the PFI and its state general secretary Abdul Sathar as respondents in the case.
It had underlined that flash hartals violate a 2019 order by Kerala High Court that made a seven-day notice mandatory for all shutdowns.
On Thursday, the bench of Justices A.K. Jayasankaran Nambiar and Mohammed Nias C.P. said: “The magistrates/ sessions courts in the state, while considering the bail applications of those persons against whom cases have been registered by the police in connection with the flash hartal that was called on 23.09.2022, shall ensure that payment of any amount quantified towards damage/ destruction of property by any of the accused, is insisted from the accused concerned as a condition for the grant of bail to him.”
The court added that the respondents “shall, within two weeks from today deposit an amount of Rs 5.20 crore with the additional chief secretary, home department, towards the damages estimated by the state government as well as the KSRTC as arising from the destruction/ damage caused to public/ private property in the state”.
The Kerala State Road Transport Corporation (KSRTC) had earlier approached the high court seeking Rs 5.06 crore as damages from the PFI for vandalising 70 of its buses. The amount included a sum of Rs 3.95 crore as estimated loss of revenue from trip cancellations on September 23.
If the PFI fails to deposit the amount, the state government has to start proceedings to attach the “properties of the respondents as well as the personal assets of the PFI’s office-bearers, including the secretary”.
“The amounts so realised shall be purely provisional, and shall be duly accounted for and held by the state government in a separate and dedicated account, for disbursal to those claimants who are identified by the claims commissioner as entitled to such amounts,” the high court said.
“The respondents shall also be liable to such further amounts as are found to be payable to the claimants in the adjudication proceedings before the claims commissioner.”
The high court added: “Our Constitution guarantees to each individual in society certain fundamental rights, and the said rights are to be respected and guaranteed not only by the state as a governing body but also by fellow citizens who must view such respect for others’ rights as part of their fundamental duties under the Constitution.”
It clarified: “We once again reiterate that our declaration and directions in the order dated 7.1.2019 were solely in connection with flash hartals and not in relation to general strikes or demonstrations that do not call for the participation of the general public or intend to disrupt the free movement of people and vehicles, or to peaceful hartals/ demonstrations conducted after due public notice.”
Until Wednesday evening, Kerala police had arrested 2,042 PFI activists and registered 349 cases in connection with the violence and vandalism of September 23.
