Don’t allow dharnas, shutdowns, says Supreme Court

The Supreme Court Thursday ordered Tamil Nadu and Karnataka to ensure that neither agitation nor shutdowns take place after an order is passed by this court, and that the order has to be complied with.

A Bench of Justices Dipak Misra and Uday Lalit passed this interim order on a public interest writ petition filed by a social activist for the court’s intervention to control large-scale violence in Karnataka and few incidents in Tamil Nadu following an order passed by the apex court on September 5, which was later modified on September 12.

The bench slammed both Tamil Nadu and Karnataka governments for their failure to stop people from taking to agitation after its order on Cauvery River water sharing and said it hoped wisdom will prevail in both states to maintain peace, calm, order and harmony and above all dignity and respect for law.

When senior advocate Adish C. Agarwala, appearing for the petitioner P. Sivakumar, informed the court that rail roko was being observed in Karnataka Thursday and a bandh is to be observed in Tamil Nadu on Friday, the bench said the shutdowns and agitation could not be allowed pursuant to the apex court’s orders.

The Bench called additional advocate-general for TN, Subramonium Prasad and said “We expect the state governments of Karnataka and Tamil Nadu to maintain their dignity and respect for rule of law. We reiterate that neither bandhs nor agitation can take place after the SC has passed an order.”

Our order has to be complied with. Convey this to your government today itself.”

Justice Misra said, “We are compelled and even constrained to say that it is the duty of the states to see that no agitation or destruction or damages take place. People cannot be allowed to take law into their hands. It was obligatory on Tamil Nadu and Karnataka to prevent such a situation from arising.”

The court recalled a 2009 judgment in which guidelines were issued for agitation and demonstrations, the bench said “we reiterate that order”. Only peaceful agitation or dharnas can be held with the permission of the police and no arms or weapons should be used by demonstrators.

The petitioner said the failure of the states of Karnataka and Tamil Nadu to control fringe elements from destroying public property has resulted in deprivation of right to life and movement as guaranteed under Articles 19 and 21 of the Constitution. He said the Karnataka government was duty-bound to implement the orders of the apex court but certain fringe elements had prevented implementation and indulged in arson and violence resulting in loss of properties worth rupees hundreds of cores.

There were also attack on Tamils and their properties. Failure to obey the apex court orders will amount to contempt of court and the court should give a stern warning to Karnataka not to disobey the orders.

He sought a direction to the respondents to Centre, Karnataka and Tamil Nadu to take preventive and prohibitive measures to prevent escalation of violence after modification of the order of the supreme court on 12/09/2016 on the basis of the law settled by the supreme court in 2009. He also wanted suitable directions for taking action on parties like Kannada Rakshana Vedike, Kannada Chaluvali Vatal Paksha of Karnataka and Tamizhaga Vaazhvurimai Katchi of Tamil Nadu for inciting regional parochial sentiments and violence in Karnataka and Tamil Nadu respectively and destroying private and public property. The Bench while issuing notice to both the states posted the matter for further hearing on September 20.