These bandhs are simply idiosyncracies of our politicans who take public for a ride for the sake of vested interests. I sincerely hope that this comes as a good lesson to political parties and other such outfits that resort to such illegal activities that are nothing but a big nuisance to the general public.
This, indeed, made an interesting reading. While not disputing the rights of individuals to sue for loss of profit, but when they are not directly involved but getting judgement in their favor shows how courts of law are being used to get even. In India, over the last few years, I have seen bandhs in all states, and more so, in Jammu and Kashmir, and I wonder whether this judgement will be used as a precedent against the Hurriyat which calls for bands every now and then.
How about all those bands called by the Congress party and the opposition parties prior to coming to power? I think a pandora's box has been opened, and a prompt reversal of this judgement will be necessary. The case should have been thrown out. Let's watch and see whether the penalties levied will be paid.
It is an examplary judgement. it may be advisable for Judiciary to levy penalty equal to "revenue which is expected to be generated to government by way of tax" on loss of business at the City or State covered under the so called bandh announced by political parties. Judiciary may take cognizance of he news directly once it is reported in the newspapers/media without waiting for some one to file the PIL.
Government in power may bring in a bill in parliament which can empower the district administration concerned to levy a penalty of a fixed amount immediately on the parties announcing such bundhs and the courts may thereafter estimate the loss due to bandh and impose the penalty as suggested above allowing deduction of minimum penalty imposed by the district administration concerned.
Call for BANDH for demonstrating protest against terrorism is never justified by blocking all civil amneties in the name of protest . The main moto of terrrists is to disrrupt on going smooth functioing of civil life and services .By callings a BANDH all those parties are helping terrorism in other way ,now any party would think a lot before calling a BANDH in wake of protest by disrrupting civil life.
It is really a good beginning. We need really strict rules to deter self serving political outfits/parties from arbitrarily calling for Bandh at their own whims and fancy. Hope that the Supreme Court will also uphold this ruling when the appeal by Shivsena against this verdict come up there.
