Strikes Now Unconstitutional In Assam: Gauhati High Court Orders Prosecution Of Bandh Sponsorers

Bandhs and blockades, which have become the bane of Assam and the entire North East, have been declared unconstitutional by the Gauhati High Court. A bench headed by Justice Ujjal Bhuyan ordered prosecution of sponsors of bandhs and blockades and imposing stiff penalties on them in case of losses or damages caused by enforcers of such bandhs.

Justice Bhuyan also laid down strict guidelines for the police to deal with bandhs. He said the police would have to lodge FIRs against office-bearers of organisations calling for bandhs or blockades within 24 hours of such disruptions taking place. Chargesheets would have to be filed within a time frame for criminal prosecution of a bandh’s sponsors under relevant provisions of the IPC, the National Highways Act, 1956, and the Railways Act, 1989.

The Assam Police Accountability Commission would have to monitor lodging of FIRs and investigation of cases, and take strong action against police officers who don’t pursue such cases diligently. The Commission would have to submit status reports to the Gauhati High Court Registrar every three months. The Court warned that failure by police officers and bureaucrats to prosecute sponsors of bandhs would invite departmental action and contempt of court proceedings against them.

The Court also ordered the home and political departments to make an estimate of the loss to the state and the economy due to a bandh, and losses due to destruction of properties or assets, and recover the amount from the principal office-bearers of the organisation that had called for the bandh. It orders the constitution of a Bandh Loss Compensation Fund for compensation to individuals, business organisations and public bodies.