No more strikes in Assam! Guwahati HC declares bandhs as unconstitutional, asks govt to collect fine from organisers

Guwahati, March 20: Giving a rise to chaos by triggering rumours and later declaring bandhs, the Guwahati High Court had something stored for these people. The HC has declared the strikes and road or rail blockades as illegal in Assam and directed the police to lodge FIRs against organisations who call for bandh.

Hearing a writ petition, Justice Ujjal Bhuyan said the Guwahati Police Commissioner or any of his subordinate officers whom he may authorise, will have to file an FIR in Guwahati within 24 hours of the state bandh or statewide blockade. The court further said, investigating officers in all such cases shall carry out investigation expeditiously and file charge sheets before the competent criminal court promptly so that the offenders can be tried in a fast-track mode.

The judgment said organisers of such blockades are liable to be prosecuted under various provisions of the Indian Penal Code 1860, National Highways Act 1956 and the Railways Act 1989. In addition, those indulging in violence and intimidation like preventing people from attending their duties during such agitations will also have to be booked under the relevant penal provisions, it said.

Justice Bhuyan ordered that the home and political department of the Assam government make an assessment of losses caused to the state on account of the blockades which would be recovered from the organisers and their main office bearers as arrears of land revenue.

A 'Bandh Loss Compensation Fund' should be constituted by the department within a period of three months. The fund would be maintained by a retired district and sessions judge along with one administrative officer, he said. The Fund authority will evolve its own procedure for quick settlement of claims lodged by an individual, public bodies and others against the agitators, the order said. The court also directed the Assam Police Accountability Commission to monitor filing of FIR and registration of cases.

The guidelines will hold the field till enactment of appropriate legislation by the state, he ruled.