The court mandates that calls for hartals must be preceded by a seven-day notice to protect public interests, asserting that failure to comply renders such calls illegal.

JUDGMENT :

A.K. Jayasankaran Nambiar, J.

W.P.(C).Nos.222 and 244 of 2019 raise common issues pertaining to the legality of the call for hartals and general strikes by various persons including political parties in the State of Kerala. On 22.09.2022, a call for hartal was made by the Popular Front of India [PFI] and its State General Secretary Sri. A. Abdul Sathar scheduling the hartal on 23.09.2022. Since the said call or hartal was issued at a time when as early as on 07.01.2019 we had taken note of the peculiar circumstances in the State of Kerala where calls for hartal, which ordinarily would not be viewed as illegal, had over the years come to carry an implied suggestion that the general public, if they did not co-operate with those calling for the hartal, could face threats of violence or actual violence, and passed the following order:

“7. We feel that directions have to be issued to ensure that a call for a hartal/general strike does not have the effect of affecting the fundamental rights of those who do not align with the cause of those calling for the hartal/general strike. Such directions which are necessitated on account of the State's experience with hartals/strikes in the last few years must also ensure that sufficient time is given to the State/District administration to put in place safeguard measures to avoid any harm to those who choose not to support a call for hartal/general strike. Taking cue from the provisions under the Industrial Law of this country, we feel that as an interim measure, and pending disposal of these writ petitions, a balance can be struck between the fundamental right of a person, including a political party, to call for a peaceful hartal or general strike, and the fundamental rights of those who choose not to align with the said persons. Our law contemplates that when there is a conflict of fundamental rights, the law must lean in favour of the paramount collective interest (See: Mazdoor Kisan Shakthi Sangathan v. Union of India – AIR 2018 SC 3476). In the instant cases, the rights of the majority of private citizens, including students and daily wage workers to pursue their academic pursuits or earn their livelihood, would definitely outweigh the fundamental right of persons calling for the strike/hartal. We therefore direct that any person, including any political party or other Association of persons, that proposes to call for a general strike or hartal, shall give 7 clear days' public notice of its intention to do so. The said period of seven clear days will, in our view, enable citizens who are opposed to the call for hartal/strike to approach this Court with their apprehensions as regards such call, and this Court can then examine the legality of such call for hartal/strike. The said notice period would also, in our view, enable the State/District administration to take such measures as are necessary to safeguard the interests of the people of this State, in the event of any hartal/strike being permitted to be conducted in a lawful manner. We make it clear that hartals/strikes called without adhering to the above procedure, would be deemed illegal/unconstitutional, and while the same would entail adverse consequences to the person/party calling for the hartal, the said person/party would also be liable, on the principles of strict liability, for any loss/damage caused to citizens and government pursuant to the call for hartal/general strike.”

Thereafter, noticing that the PFI had called for and implemented a flash hartal without following the procedure contemplated above, we issued the following directions in our order dated 23.09.2022:

● The pol