Floriano,
May I suggest that you file a PIL in the HC asking it to levy fines on the organisers of the bandh. This would be an apt way of bringing them to their senses. In Maharashtra, bandhs are now a thing in the past after the BJP/ SS were fined by the HC. Refer articles below. Regards, Marshall Legal eagles split over HC decision on bandhs Girish Kuber & Roshni Kalloor, TNN, Jul 27, 2004, 12.47am IST MUMBAI: The recent Bombay High Court judgement, which slapped a fine of Rs 20 lakh each on the Shiv Sena and BJP for calling a city bandh last year, may have united the major political parties against the order, but it has left the legal community divided. The Bombay HC asked the Sena and BJP to pay compensation for causing public losses by resorting to a bandh to protest the Ghatkopar blast. While most agreed in principle with the decision that a bandh is unjustified and causes financial loss to persons, some lawyers expressed doubts about the court's right to direct that compensation should be paid or a fine imposed. http://articles.economictimes.indiatimes.com/2004-07-27/news/27411469_1_bandh-compensation-senior-bjp-leader Sena-BJP will cough up strike fine Published: Friday, Sep 16, 2005, 23:01 IST Agency: DNA The Shiv Sena and Bharatiya Janata Party will abide by the Supreme Court directive and deposit the Rs 20 lakh (each) fine imposed by the Bombay High Court with the Loss Compensation Fund constituted by the State government. They will then present the copy of the receipt before the apex court. Though no official statement was issued by Shiv Sena chief Bal Thackeray or his son and executive president of the Party Uddhav, senior leaders emphatically stated that the Party will comply with the directives of the apex court. BJP state unit spokesman Madhu Chavan said, "We will obey the order of the Supreme Court. This directive leaves a question mark on the fundamental right of the political parties to protest against anti social and anti national incidents by way of morchas etc. The accused of the Ghatkopar bomb blast have walked away free while we who protested against their anti national act have been penalised. There is no proof of any violence or loss on that day." Saturday is the deadline for the payment of the damages. The Sena-BJP moved the Supreme Court two days ago challenging the order of the Bombay High Court asking it to pay for the loss to the public during the bandh. The parties were fined by the High Court on June 22 this year on a public interest litigation filed by Alque Padamsee and former Brihanmumbai Municipal Corporation commissioner B G Deshmukh on behalf of the non government organisation Agni. In their petition Padamsee and Deshmukh had alleged that the city suffered a loss of Rs 50 lakh due to the bandh. Challenging the HC order the saffron combine stated in its writ petition that the High Court could not impose a fine on the political party without going into the quantification of the damages. They further stated that the bandh was a spontaneous reaction to the public outcry after the Ghatkopar bomb blast. BJP leaders sore at SC's bandh verdict Prashant Hamine State BJP leaders reacted to the Supreme Court verdict on bandh. State BJP president Nitin Gadkari said, "We had extended our support to the bandh called by the people to protest against the bomb blast, which claimed innocent lives. In a democratic country, it is our duty to raise public issues. It was right to support a bandh against anti-national acts. We do respect the Supreme Court verdict, but we place the matter before the public to decide." State BJP spokesman Madhu Chavan said, "We respect the apex court verdict and will deposit the Rs 20 lakh fine. But we feel sad. Anti-national elements behind the blast have been released. But those who protested against the acthave been fined. In case of any such injustice in future, how we protest as political parties? The verdict raises questions on our basic fundamental rights. Court should not intervene in public matters. http://www.dnaindia.com/mumbai/report_sena-bjp-will-cough-up-strike-fine_2221-all SC: leaders to be held guilty of damage during bandhs Tannu Sharma Tags : Posted: Fri Apr 17 2009, 01:16 hrs New Delhi: Anguished by instances where agitations, bandhs and hartals end up in large-scale destruction of public and private properties, the Supreme Court on Thursday said top leaders of such parties would be held responsible as “main offenders” and damages sought from them. Observing that destruction of public property has become “rampant”, the Bench headed by Justice Arijit Pasayat was disappointed that leaders, who call for such bandhs, actually escape the brunt of action taken against offenders. “In almost all such cases top leaders of such organisations who really instigate such direct actions will keep themselves in the background and only the ordinary or common members or grassroots level followers would directly participate and they alone would be vulnerable to prosecution proceedings,” found the Bench, while asking these leaders to pay up for the damages. As the Bench held that these leaders would “really be the main offenders being the abettors of the crime”, it ruled, “If they are not caught in the dragnet and allowed to be immune from prosecution proceedings, such direct actions will continue unabated, if not further escalated, and will remain a constant or recurring affair.” Accepting suggestions put forth by two court-appointed committees, one headed by retired judge K T Thomas and another by noted jurist Fali S Nariman, the Bench recommended far-reaching amendments to the Prevention of Damage to Public Property Act, 1984. Asking leaders to pay for damages by suggesting an amendment in the Act, the apex court felt it must contain provisions “to make the leaders of the organisation, which calls the direct action, guilty of abetment of the offence”. Realising that it would be “normally difficult” to prove abetment of offence against top political leaders, Justice Pasayat, who wrote the judgment, suggested an additional provision in the PDPP Act to solve this problem. “...to the effect that specified categories of leaders of the organisation which make the call for direct actions resulting in damage to public property, shall be deemed to be guilty of abetment of the offence. At the same time, no innocent person, in spite of his being a leader of the organisation shall be made to suffer for the actions done by others. This requires the inclusion of a safeguard to protect such innocent leaders,” it ruled. The Bench also suggested that courts be “empowered to impose a fine which is equivalent to the market value of the property damaged on the day of the incident”. This, the Bench ensured, would be in addition to stiffer punishment, which would not ordinarily be reduced by the Courts. http://www.indianexpress.com/news/sc-leaders-to-be-held-guilty-of-damage-during-bandhs/447951/0