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Synopsis

A Division Bench of Kerala High Court comprising of Justices A.K. Jayasankaran Nambiar and Mohammed Nias C.P. ordered the Popular Front of India (PFI) and its General Secretary to deposit Rs.5.2 crores with the Additional Chief Secretary, Home Department, towards the damages estimated by the State Government and KSRTC, arising from the destruction/damage caused to public/private property in the State, within two weeks.

The Bench held that  the PFI and its General Secretary, A. Abdul Sathar, are entirely and directly responsible for the injuries inflicted on the citizens by their supporters, as well as the damage/destruction caused to public/private property during the 'Flash Hartal'.

Further stated that the actions of PFI violate the Kerala High Court Order dated January 7, 2019, wherein it held that nobody can call for a bandh in the state without prior notice of seven days.

The Bench had initiated a suo moto case on September 23, 2022, against the leaders of the radical Islamic outfit Popular Front of India (PFI) for calling a one-day statewide bandh (strike) in Kerala and directed the police to ensure that any damage/destruction to public/private property of Government/citizens who do not support the call for hartal is prevented and adequate measures are put in place for the same. 

During the hearing today, i.e. September 29, the Government pleader placed a report of details of the steps taken by the State government to prevent untoward acts of violence as also the extent of destruction caused to public property has been enumerated. Court noted that a similar report of loss suffered had been filed by KSRTC.

The court observed, “on every occasion where a demonstration takes place, a balancing exercise has to be carried out between the rights of the demonstrators under Article 19 (1)(a) and those of the general public under Article 21 and if the said rights come into conflict with each other, the former must give way to the latter.”

The court opined that the PFI and its General Secretary must be held responsible and made accountable for their illegal actions. Accordingly, the court directed the amounts realized shall be purely provisional and shall be duly accounted for and held by the State Government in a separate and dedicated account for disbursement to claimants identified by the Claims Commissioner as entitled to such amounts.

Court also directed the State government to array PFI General Secretary, A. Abdul Sathar as an additional accused in the State Magistrate/Sessions Courts.

Furthermore, the court directed, “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.”

Accordingly, the court listed the matter for October 17, 2022, for the State Government to report on the action taken under the above directions.

Case Title: Kerala Chamber of Commerce and Industry v State of Kerala