Fundamental rights of the people as a whole cannot be subservient to the claim of fundamental right of an individual or a section of the people.

1. Leave granted.

2. We have heard Mr. Harish Salve and Mr. Soli J. Sorabjee, learned counsel for the appellant and Mr. Mathai M. Paikeday, learned counsel for the respondents.

3. On a perusal of the impugned judgment of the Court, referring to which learned counsel for the appellant pointed out certain portions, particularly in paras 13 and 18 including the operative part in support of their submissions, we find that the judgment does not call for any interference. We are satisfied that the distinction drawn by the High Court between a "Bandh" and a call for general strike or "Hartal" is well made out with reference to the effect of a "Bandh" on the fundamental rights of other citizens. There cannot be any doubt that the fundamental rights of the people as a whole cannot be subservient to the claim of fundamental right of an individual or only a section of the people. It is on the basis of this distinction that the High Court has rightly concluded that there cannot be any right to call or enforce a "Bandh" which interferes with the exercise of the fundamental freedoms of other citizens, in addition to causing national loss in many ways. We may also add that the reasoning given by the High Court, particularly those in Para.12,13 and 17 for the ultimate conclusion and directions in Para.18 is correct with which we are in agreement. We may also observe that the High Court has drawn a very appropriate distinction between a "Bandh" on the hand and a call for general strike or "Hartal" on the other. We are in agreement with he view taken by the Court.

4. The appeals are dismissed accordingly. No costs.