THIRUVANANTHAPURAM, July 31: The State Government will file an appeal in the Supreme Court against the High Court ruling on bandhs as it feels that the judgment would create a situation in which the fundamental rights of citizens are violated, Chief Minister E K Nayanar said today.

``The people of the State hold the view that the court ruling infringes upon their freedom of expression as well as the right to organise and protest,'' Nayanar claimed. The Government felt that the ban on bandhs would cause violation of rights given to the citizen according to Articles 19 and 21 of the Constitution, he added.

The High Court judgment is against the spirit of a Supreme Court ruling of 1962 in connection with a case related to ban on demonstrations. The Supreme Court had held that peaceful demonstrations fell within the purview of fundamental freedom. ``It is in such a situation that the Government feels that an appeal in the Supreme Court is in order,'' Nayanar said. The people will often have to unite and protest against corruption, nepotism, vested interests and economic policies which are against their interests. Such action is only to protect public interest, Nayanar said.

A ban on bandhs and demonstrations would prevent people from protesting against corruption and the misdeeds of those in office. The Chief Minister recalled that the total bandh in the State had helped the Government to bring to the attention of the Centre the industrial stagnation in Kerala caused by apathy of the Central authorities.

There is also substance in the concern expressed by a section that a ban on bandhs would lead to the public resorting to dangerous modes of action to ventilate their pent-up feelings against the ills of the society, Nayanar said, justifying the decision to appeal against the High Court judgment.Meanwhile, legal experts seem to be divided over some of the important questions relating to the judgment the questions relating to its implementation, the consequences of any political party calling a bandh defying the judgment and the need for legislation on bandhs.There is no necessity to implement the judgment, feels Justice K P Radhakrishna Menon, retired judge of the Kerala High Court as he feels that the judgment is a general declaration of the citizens' rights. When a right is declared, every citizen gets a cause of action to move a court to get the right enforced in case it is violated and to get compensation for any harm done by such violation of the right.

``A declaratory judgment is more forceful than a judgment banning bandh'', says Justice Menon. ``No political party or organisation can call a bandh now without facing the prospects of being sued by persons who suffer any loss at the hands of the perpetrators of the bandh or for the violation of their fundamental rights to work and to move freely''.

Copyright © 1997 Indian Express Newspapers (Bombay) Ltd.