NEW DELHI, 1 October 2007 — The Supreme Court yesterday stayed a strike in the southern state of Tamil Nadu planned for today. With his plans foiled, Chief Minister M. Karunanidhi now intends to undertake a fast today demanding early completion of the Sethu Samudram project.
Holding a rare sitting yesterday, a bench of Justice B.N. Aggarwal and Justice P.P. Naolekar ordered that Dravida Munnetra Kazhgam (DMK) and its allies should not stage a “bandh,” or work stoppage, on any day, as it was illegal and unconstitutional in keeping with an earlier ruling of the court on the validity of strikes called by political parties.
The Supreme Court’s ruling was in response to an “urgent application” and a special leave petition filed by Tamil Nadu’s opposition party, All India Anna Dravida Munnettra Kazhagam (AIADMK) against the strike. The AIADMK approached the court on Saturday and requested that the matter be heard at the earliest, for if an order was not issued against the strike by yesterday it would be hard to implement it.
During three hour of arguments, counsel for Tamil Nadu and DMK, Altaf Ahmed and A.K. Ganguly, said that the Oct. 1 protest program was not a strike call.
Mincing no words in expressing strong displeasure with the very concept of strike, during the course of the argument, the bench said: “That is the problem in this country. We have to deal everything with an iron fist. Otherwise things will not work.”
The Supreme Court recalled that in 1998 it had clearly upheld the ruling of a full bench of the Kerala High Court according to which calling or enforcing a strike was illegal and unconstitutional.
Expressing regret at orders of the courts being violated with impunity in the country, the Supreme Court said: “We have come to a stage in the country when everything has to be monitored, hammered or directed by courts. Even orders of the Supreme Court are not observed, what to talk of the high courts. Ninety-nine percent of high court orders are not complied with.”
Grilling the counsel, the bench said: “If it is a bandh, then it is a breakdown of the constitutional machinery. Your own resolution says that the program on Oct. 1 is intended to ensure complete cessation of all activities, then how can you say it is not a bandh?”
On their claim that the state and DMK only intended a public meeting, the bench pointed out: “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 the people for your meetings?”
