A day before the Congress in Odisha called for a 6-hour bandh demanding the resignation of minister of state for home Dibya Shankar Mishra in the murder case of Kalahandi woman school teacher, the Orissa High Court on Thursday said the party can’t enforce bandhs and asked it not to observe bandh in the state on Friday.
Hearing a PIL filed by Cuttack-based businessman Naresh Mishra, the High Court said bandh is not permissible while the party may organise hartal. “The agitators cannot disrupt vehicular movement, train services, force anyone to support the bandh call or close any establishment forcefully,” the HC said. Pradesh Congress Committee working president Chiranjib Biswal, on behalf of the party, assured the court that they will observe a peaceful bandh.
In 1997, the SC, in Bharat Kumar K. Palicha and another Vs. State Of Kerala case, said bandhs are unconstitutional. The apex court said there cannot be any doubt that the fundamental rights of the people as a whole cannot be subservient to the claim of the fundamental right of an individual or only a section of the people.
Earlier, the Congress party called for a statewide bandh in Odisha on November 12 from 6 am to 12 pm demanding the resignation of Dibya Shankar Mishra over his alleged links with Govind Sahu, the prime accused in the sensational Mamita Meher murder case.
{{/usCountry}}Earlier, the Congress party called for a statewide bandh in Odisha on November 12 from 6 am to 12 pm demanding the resignation of Dibya Shankar Mishra over his alleged links with Govind Sahu, the prime accused in the sensational Mamita Meher murder case.
{{/usCountry}}A decision in this regard was taken by the Odisha unit of the Congress at the party’s working committee meeting held on November 1. The meeting was attended by party’s Odisha in-charge A Chella Kumar and president, Odisha Pradesh Congress Committee, Niranjan Patnaik. Congress has also demanded the registration of a criminal case against the minister and his arrest.
HC lawyer Soumya Mohanty, who appeared for Mishra, said, taking into account the gravity of the matter, the Court took up the petition for hearing. “Everyone would have to shut their business establishments voluntarily or under force had the bandh happened,” said Mohanty.
Since last month, the opposition BJP has called bandhs in several western Odisha districts including Bolangir, Kalahandi and Bargarh demanding Mishra’s resignation over his alleged proximity to the main accused in the murder of Mamita Meher, a teacher in a private English medium school of Kalahandi district.