a) Government will ensure that there is no disruption of essential services like tele-communication, water and power, milk distribution, fire services, newspapers and hospitals on the day of DMK-sponsored Bandh. Full police protection will be given for the uninterrupted provision/supply of such essential public services.
b) Adequate protection will be given to vital installations such as Power Stations/Grids, Sub Stations, Government Buildings, Courts, Tele-communications, and Bridges, Oil Installations, Railway Bridges, etc.
c) All Police Control Rooms will be fully activated.
d) Open-line patrol will be arranged.
e) Effective and stringent action will be taken against anti-social elements indulging in violence and vandalism on the day of Bandh.
f) Visible bandobust will be provided outside Railway Stations, Bus Depots, main roads, main junctions, hospitals, courts, schools and colleges.
g) Necessary police protection will be given to markets and business places on the day of bandh.
h) Director General of Police, District Collectors and Commissioners of Police will be directed to inform the Chief Secretary’s Control Room about any ugly or unseemly incident of Law and Order.
 |  |  |
Dr Subramanian
Swamy | Chief Justice
A P Shah | M Karunanidhi |
All the common citizens of Tamilnadu have welcomed the people-oriented order of the Madras High Court imposing very stringent conditions upon the Government of Tamilnadu for ensuring normal flow of life in every sphere of activity on the day of bandh. The common people are very happy that the Madras High Court has rejected the State Government’s claim that the DMK and its allies have only called for a General Strike on 1 October, 2007 and not a ‘Bandh’. The First Bench, comprising Chief Justice A P Shah and Justice P Jyothimani declared: ?We find prima facie substance in the contention of the petitioners (AIADMK, Dr Subramanian Swamy, and others) that the DPA had called for a bandh and not a strike or hartal. We therefore admit the petition.? The High Court ordered the issue of notice to State Government, the DMK, the PMK, Congress, The CPI, and CPI (M) to file their counter. The Bench adjourned further hearing to 24 October.
I spoke to Dr Subramanian Swamy and asked for his reaction and comment on the Glorious Pro-Common People Verdict of the Madras High Court. He said: ?I whole-heartedly welcome the judiciously wholesome sage-like verdict of the Madras High Court to protect the interests of the common people on the day of the unconstitutional and uncalled for Bandh. Karunanidhi and his allies should bear in mind the fact that they cannot treat the stringent conditions imposed by the Madras High Court on Tamilnadu Government with contempt. IF THEY OBSERVE ALL THE CONDITIONS IMPOSED BY THE MADRAS HIGH COURT, THEN THE PROPOSED BANDH WILL BE A TOTAL FLOP. IF THEY DO NOT OBSERVE THE CONDITIONS, THEY WILL BE GUILTY OF CONTEMPT OF THE ORDERS OF MADRAS HIGH COURT. If they violate the conditions, then they will have to face me again in the Madras High Court on 24 October, 2007. Karunanidhi has got his first instruction on democracy and has been taught that institutions and Laws are above whims and fancies of unscrupulous political parties and politicians?.
The historic order of the Madras High Court is both a legal and moral victory for Dr Subramanian Swamy and the AIADMK. In this context I would like to invite the kind attention of the public to the following brilliant points which Dr Subramanian Swamy had raised in his petition before the Madras High Court on this issue:
1. Dr. Swamy said that he was filing the present Writ Petition in public interest to issue a Writ of Declaration to declare the call of ?bandh? by the DMK and its allies in the UPA on 1 October 2007 to demand speedy implementation of Sethu Samudhram Project as unconstitutional and consequently to direct the respondents to ensure normal life and to maintain law and order in the State of Tamil Nadu on 1 October 2007 or any subsequent days.
2. Dr Swamy said that he was filing his writ petition to question the Bandh called by the respondent political parties on 1 October 2007 as unconstitutional since a call for ‘Bandh’ has been declared to be unconstitutional by the Hon’ble Supreme Court. If the Bandh called by the respondents is conducted on 1 October 2007, the public of Tamilnadu will suffer inconvenience and irreparable loss and there will be a serious law and order problem.
3. Dr Swamy submitted that the third respondent (DMK) is a ruling party in Tamilnadu and the Chief Minister himself has called for a Bandh when 3rd respondent is also part of the Central Government.
4. Dr Swamy informed the High Court that he had filed two Writ Petitions before the Hon’ble Madras High Court in public interest for a Writ of Mandamus to direct the implementations of the Ram Sethu Project without affecting the Rama Sethu in any manner and also for a Writ of Mandamus to declare the Rama Sethu as monument of national importance. These Writ Petitions were admitted and notice was issued to the respondent and thereafter by order on 17 July 2007. It was later transferred to the file of the Hon’ble Supreme Court to be heard along with the other cases and was renumbered as TCC Nos.26 and 27 of 2007 and both are now pending in the Hon’ble Supreme Court. The Hon’ble Supreme Court at his instance passed an order dated 31 October 2007 directing that the Rama Setu Bridge shall not be damaged in any manner. Thereafter on 14 September 2007 the Supreme Court directed that the dredging activity may be carried and the Ram Sethu shall not be damaged in any manner. Dr Swamy filed the copies of the above orders along with his Writ Petition before the Hon’ble Madras High Court.
Keeping the above facts and factors in view, Dr Swamy categorically submitted that the Bandh now called by the political parties on an issue which is a subject matter of the petition filed by him in the Hon’ble Supreme Court, was clearly unconstitutional and the political parties, especially the ruling party, cannot be allowed to deviate from the process of law. He submitted that the Bandh called for by the political parties is nothing but interference in the judicial process and thus means contempt of the Highest Judiciary of this country. Finally, to cap it all, Dr Swamy said that the position is made peculiar in view of the fact that the Chief Minister himself as leader of the 3rd respondent political party had chaired the meeting and had taken the decision to organize a Bandh on 1 October 2007. Political parties are bound by the laws of this country and cannot undermine the Constitution and the Judiciary.
The people of Tamilnadu hope against hope that Karunanidhi would some day learn that there is no virtue in evasion; no courage in prejudice?either linguistic or communal?and that there is no salvation in rational ignorance.
Judicial thought without action is sterile; judicial thought without feeling is empty. The common people of Tamilnadu offer their reverential salutations to the Hon’ble Justice Sri A P Shah, the Chief Justice of the Madras High Court of Judicature, for protecting their natural rights as innocent law abiding citizens by imposing reasonable and fair conditions?though stern in letter, intent and spirit?upon the Government of Tamilnadu for strict observance on the day of Bandh on 1 October, 2007. Thus, the Madras High Court has clearly indicated that the written letter and spirit of Law will always prevail over the unwritten Laws of Lawless politics!
To conclude the words of Vayuputhra, ?Judgment of the Madras High Court reminds us of the great spinners in the cricketing field such as Lock & Laker of Australia, Grimmet & Oreilly of England, Lance Gibbs of West Indies, Muralitharan of Sri Lanka, Gupte & Gulam Mohammed, Bedi & Prasanna, Venkat & Chandra and Kumble & Harbhajan of India, who were too good in bowling the googly & doosra. If the CM decides to ‘leave’ the ball, that is remaining in the present stand, he will be ‘clean bowled’; if he decides to take ‘back-foot’, that is withdrawing the Bandh call he will ‘hit the wicket’; if he decides to ‘play forward’ and misses it, that is declaring holiday for the State then he will be ‘stumped’; if he ‘hits the ball’, that is the DPA (Democratic Progressive Alliance) cadres indulging in violence on the instigation & instruction of some Ministers, Mayors or MLAs he will be ‘caught’ at the long-on. The Chief Minister is in a ‘catch-22’, or rather, ‘Face-Googly’ situation, where the fact of ‘out & defeat’ is inevitable. The ‘2-J Bench’ of the Madras High Court has played the game like the trimphant ‘T20 Team’ of India. Congrats to the Madras High Court for fixing the Government and freeing the Citizens!?
(The writer is a retired IAS officer)
e-mail the writer at vsundaram@newstodaynet.com
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