KOCHI, July 29: For Kerala, which witnessed three bandhs this month, resulting in a loss of at least Rs 150 crore, yesterday's high court declaration of bandh as ``illegal'' and ``unconstitutional'' is likely to be a big relief for the common man in the state.

However, as expected, the decision has not generated much enthusiasam among political parties, for whom bandh was a tool to enforce their writ. While M M Hassan, KPCC general secretary, welcomed the ruling saying it was a reflection of the peoples feeling, the BJP leader, O Rajagopal said that a blanket ban on bandh would have far reaching consequences.

The CPI(M) and CPI, the partners in the ruling Left Democratic Front (LDF) in Kerala, have reportedly expressed rservations about the verdict.Heaving a sigh of relief at the decision, T Vidyasagar, Indian Chamber of Commerce and Industry President, said each bandh was roughly costing the state Rs 50 crore by way of business loss.

Kochi, the state"s commercial capital, was the worst hit as trading of spices, coconut and rubber were routed through it and on a bandh day their movement was severely hampered.

This loss could not be made up, he said. The decision had been hailed by the school and college teachers and the public, who were unable to do anything against frequent bandh calls.

The legal fraternity had also welcomed the ruling.Yesterday, a full Bench of the Kerala High Court declared that the calling of a bandh by any association, organisation or political party and its enforcing is illegal and unconstitutional.The court directed the state government and its officers, including the law-enforcing agencies, to do all that is necessary to give effect to this declaration.

The court also held that political parties and other organisations which call for bandhs and enforce them are liable to compensate the government, the public and private citizens for any loss they may suffer on account of destruction of propertiesduring bandhs.

The court also held that the political parties and other organised bodies and associations, by their act of calling bandhs and holding them, trespass upon the fundamental rights of citizens, such as the right to free movement, right to practise any profession or carry on any avocation, which are guaranteed by the Constitution.

The Bench said it could not ignore the destruction of public and private properties when bandhs are enforced by political parties and other organisations. The state cannot shirk its responsibility to take steps to recoup its loss from organisers of bandhs.

The order was passed by the Bench consisting of Justice K G Balakrishnan, Justice P K Balasubramanyan and Justice J B Koshy, while allowing the writ petitions filed by the Ernakulam Chamber of Commerce, Bharat Kumar K Palicha of Ernakulam and others, seeking to declare bandhs as unconstitutional as there is an invasion into their fundamental rights, and seeking to ban bandhs.

The state government, the CPM and other political parties who were respondents in the case opposed the petition contending that it was their fundamental right to call bandhs to demonstrate protests.

The Bench did not accept the contention of political parties and the Advocate General (for the state) that calling a bandh did not involve the holding out of any threat, express or implied.

HC guidelines for holding processions

* The organisers of demonstrations and processions should give advance notice of six days with a brief note on the reason and purpose and an approximate number of participants.

* Participants should not be allowed to occupy the entire breadth of the road so as to obstruct the passage of pedestrians or vehicles. The processionists should not be allowed to carry lengthy banners so as to occupy the entire breadth of the road.

* At all road-junctions pedestrians should be allowed to cut across demonstrations/processions.

* If any participant in a demonstration/procession engages in disorderly conduct, he has to be dealt with in accordance with law.

* Road picketing and dharnas on public roads, being clear violation of law, should strictly be prohibited and police should see that the people who cause such obstructions to pedestrians and vehicular traffic are removed.

Copyright © 1997 Indian Express Newspapers (Bombay) Ltd.