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1997 Supreme(Ker) 227

P.K.BALASUBRAMANYAN, J.B.KOSHY, K.G.BALAKRISHNAN
Bharat Kumar – Appellant
Versus
State of Kerala – Respondent


Judgment :-

P.K. Balasubramanyan, J.

These Original Petitions essentially seek the relief of a declaration that the calling for and the holding of what has come to be known as 'bundh' is unconstitutional and is hence illegal. O.P. 7551 of 1994 is filed by two citizens who are generally carrying on their avocation in Cochin. O.P. 12469 of 1995 is by the various Chambers of Commerce in the State, In O.P. 7551 of 1994, it is sought to be declared as especially violative of Arts.19 and 21 of the Constitution and also in contravention of the Directive Principles of State Policy embodied in the Constitution and the fundamental duties enumerated in the Constitution. Among the consequential relies sought for in the Original Petitions, a declaration is also sought that the calling for and holding a bundh is also a penal offence under the Indian Penal Code and is liable to be declared as such. In O.P. 7551 of 1994, in addition to the State and the Director General of Police, five registered All India political parties are also impleaded as respondents. The respondents in O.P. 12469 of 1995 are also the political parties except that the Indian Union Muslim League is also impleaded therein as a



























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