The Court disposed of this writ petition held moot and unnecessary as the reliefs sought were already covered by a prior decision in Perumuttam Radhakrishnan v. State of Kerala. No fresh directions were granted.
No fresh directions granted; writ petition disposed of.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE THE CHIEF JUSTICE MR.S.MANIKUMAR
&
THE HONOURABLE MR. JUSTICE SHAJI P.CHALY
FRIDAY, THE 7TH DAY OF JANUARY 2022 / 17TH POUSHA, 1943 WP(C) NO. 25424 OF 2018
PETITIONERS:
RAJU P. NAIR AGED 42 YEARS S/O.M.R.PADMANABHAN NAIR, RESIDING AT CHITHIRA, MALEKAD, UDAYAMPEROOR, COCHIN - 682 307.
BY ADVS. SRI.M.R.HARIRAJ SRI.P.A.KUMARAN SMT.L.LAKSHMI OMANAKUTTAN SRI.K.RAJAGOPAL
RESPONDENTS:
1 STATE OF KERALA REPRESENTED BY THE CHIEF SECRETARY TO GOVERNMENT OF KERALA,SECRETARIAT, THIRUVANANTHAPURAM - 695 001.
BY ADVS. SRI.K.P.HARISH, SENIOR GOVERNMENT PLEADER SRI.S.MANU,ASSISTANT SOLICITOR GENERAL
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 07.01.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P.(C) No.25424 of 2018
2
JUDGMENT
Dated this the 7th day of January, 2022
S. MANIKUMAR, CJ.
Petitioner has sought for the following reliefs:
(i) To declare that organising Harthal without prior written notice to the Government, State Police Chief and the concerned District Collectors, so as to enable them to makes necessary arrangements to meet the needs of people during the Harthal is unconstitutional and ban such Harthal without prior notice and to direct the respondents to take necessary steps to ensure that such calls are not permitted to be published in media including social media and to direct the respondents to take strict action against any person making such publication and spreading such news by the issuance of a writ of mandamus or other appropriate writ order or direction;
(ii) To direct the respondents to ensure that proper steps are taken to provide sufficient protection to citizens on the day of Harthal to go about with their normal activities and to ensure that the public services including transportation are not disrupted on a Harthal day if necessary by resorting to powers under S. 144 of the Code of Criminal Procedure or taking the assistance of the Armed Forces and Para Military Forces by the issuance of a writ of mandamus or other appropriate writ order or direction;
W.P.(C) No.25424 of 2018
3
(iii) To direct the respondents to ensure that necessary steps are taken for ensuring that calls for Harthal are not permitted to be made by unidentified individuals or groups or organisations on media or social media and to direct respondents to promptly investigate and locate persons/groups making such calls, and take strict legal action against the said persons/groups by the issuance of a writ of mandamus or other appropriate writ order or direction;
(iv) To direct the respondents to assess and compute the damage caused by every Harthal on the public exchequer and to proceed appropriately against the organisers of Harthals for realising damages for such loss from such organisers by the issuance of a writ of mandamus or other appropriate writ order or direction;
(v)To declare that the Harthal proposed to be conducted on 30.7.2018 by unidentified persons is illegal and unconstitutional and to direct the respondents to ensure that all necessary protection and support is given to the general public to carry on their lives without any difficulty on the said day;
(vi) To declare that Harthals or any protests called by any name which are in content and import identical or similar to Bandh which is held unconstitutional by this Honourable unconstitutional and liable to be totally banned and to direct the respondents to ensure that the said ban is implemented in its letter and spirit;
(vii) to declare necessary guidelines regulating and restricting the manner in which Harthals or other protests are organised within state of Kerala to have force till the final promulgation of such statute by the Government of Kerala so as to ensure that the life of general public is
W.P.(C) No.25424 of 2018 4
not disrupted in any manner due to such organising of Harthals by the issuance of a writ of mandamus or other appropriate writ, order or direction.
a decision of this Court in Perumuttam Radhakrishnan v. State of
Kerala and Ors. , reported in [MANU/KE/2128/2021] wherein directions are already been given, more or less on the prayers sought for, in the instant writ petition.
In view of the above, no fresh directions are required.
Writ petition is disposed of accordingly.
Sd/- S.MANIKUMAR CHIEF JUSTICE
Sd/-
SHAJI P.CHALY JUDGE
smv
W.P.(C) No.25424 of 2018
5
APPENDIX OF WP(C) 25424/2018
PETITIONER'S EXHIBITS
| EXHIBIT P1. | A TRUE COPY OF THE NEWS REPORT PUBLISHED IN MANORAMA ONLINE AT THE WEBSITE HTTPS://ENGLISH.MANORAMAONLINE.COM/NEWS/KE RALA/ 2018/07/25/SABARIMALA-ROW-HINDU- OUTFITS-CALL-FOR-HARTAL-IN- KERALA.HTML (ACCESSED ON 26.07.2018). |
|---|---|
| EXHIBIT P2. | A TRUE COPY OF THE KERALA REGULATION OF HARTAL BILL, 2015. |
| EXHIBIT P3. | A TRUE COPY OF THE DRAFT BILL SUBMITTED BY THE SNTH BEFORE THE SELECT COMMITTEE. |
| EXHIBIT P4. | A TRUE COPY OF THE EMAIL COMMUNICATION DATED 26.07.2018 BETWEEN 2ND RESPONDENT AND PETITIONER. |
| EXHIBIT P5. | A TRUE COPY OF NEWS ARTICLE PUBLISHED IN THE HINDU ON 31.03.2018. |
| EXHIBIT P6. | A TRUE COPY OF THE NEWS ARTICLE PUBLISHED IN THE TIMES OF INDIA ON 05.04.2018. |
| EXHIBIT P7. | A TRUE COPY OF NEWS ARTICLE PUBLISHED IN THE HINDU ON 09.04.2018. |
| EXHIBIT P8. | A TRUE COPY OF ARTICLE PUBLISHED IN THE NEW INDIAN EXPRESS ON 22.12.2017. |
| EXHIBIT P9. | A TRUE COPY OF NEWS ARTICLE PUBLISHED IN THE HINDU ON 21.11.2017. |
| EXHIBIT P10. | A TRUE COPY OF THE ARTICLE PUBLISHED ON THE WIRE (THEWIRE.IN). |
| EXHIBIT P11. | THE TRUE COPY OF NEWS ARTICLE PUBLISHED IN THE HINDU ON 17.04.2018. |
2 issues framed by the court
Whether fresh directions are required regarding the constitutionality of Hartals and the regulation of public protests.
Whether a prior judgment on similar reliefs precludes the grant of new directions in this petition.
Colour shows how this judgement treated each authority
Perumuttam Radhakrishnan v. State of Kerala and Ors.Relied on¶33
Perumuttam Radhakrishnan v. State of Kerala and Ors.
Raju P. Nair
State of Kerala
Director General of Police
Union of India
S. Manikumar
Shaji P. Chaly
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
