SC says Tamil Nadu bandh 'illegal'

NEW DELHI: The DMK and the government run by it in Tamil Nadu got a stinging rebuke from the Supreme Court here on Sunday when the court held the state-wide bandh called by the principal ruling party on Monday in support of the Sethusamudram project as “illegal and unconstitutional”.


In a rare sitting on Sunday, a Bench comprising acting Chief Justice BN Aggrawal and Justice PP Naolekar ordered that the DMK and its allies shall not go ahead with the protests either on October 1 or any other date. The court order came in response to an “urgent application” filed by the Opposition AIADMK, along with its SLP, seeking an injunction against the bandh called. The Bench cited the apex court's earlier ruling on the subject while asserting that the bandh per se is illegal and unconstitutional.

The court rejected arguments put forth by senior counsel Altaf Ahmed and AK Ganguly, who appeared for Tamil Nadu and the DMK, respectively, that the October 1 protest programme was not a bandh call, but rather “a hartal”. “If it is a bandh, then it is a breakdown of the constitutional machinery. Your own resolution says that the programme on October 1 is intended to ensure complete cessation of all activities, then how can you say it is not a bandh?” the Bench grilled the Tamil Nadu counsel.

It brushed aside the claims of the state and the DMK that what was essentially intended was a public meeting. “Where is the public meeting, you show us. Your resolution says it is cessation of all activities and work. You want to show your popularity. Why do you want to close down all educational institutions and commercial activities?

Where will you then find people for your meetings?” the apex court asked in a tone loaded with sarcasm. The Bench observed that the objective of the DMK and its constituents in calling for the bandh was to demonstrate their might rather than doing it for a cause. “Your protest is against whom? The project, the central government or against this court?” the Bench asked.

Jolted by the order, chief minister M Karunanidhi and other alliance leaders of the ruling DMK front changed tack, and said they would observe a day-long fast on Monday.