Orissa HC says Congress-proposed 6-hour bandh is illegal

The Congress is demanding the resignation of minister of state for home Dibya Shankar Mishra in the murder case of Kalahandi woman school teacher

Updated on: Nov 12, 2021, 09:12:55 IST

By Debabrata Mohanty

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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.

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.

ABOUT THE AUTHOR
Debabrata Mohanty
Debabrata Mohanty is a senior assistant editor of Hindustan Times who works as state correspondent from Odisha covering the state's politics, governance, public policy, natural disasters, environment and its society for close to three decades. With his long years of reporting from the state capital of Bhubaneswar, Mohanty has been known as one of the most experienced and credible journalists covering Odisha for the national English dailies. His reporting combines on-ground detail with deep institutional knowledge detailing the state's changing politics, governance issues, administrative reforms and the functioning of its public institutions. He has regularly reported on issues ranging from legislative developments and public policy implementation. Politics is his core areas of expertise as he closely tracks Odisha's political landscape, including the rise and transformation of the Bharatiya Janata Party (BJP), the Biju Janata Dal (BJD), the two principal political parties in Odisha. His long association with the state's political establishment enables him to write on contemporary developments in a larger political context. Mohanty takes a deep interest in writing human interest stories, environmental issues and documenting the impact of cyclones, floods, heatwaves, and other climate-related events in one of the most disaster-prone states. His coverage extends to public health, governance reforms and stories on accountability of government institutions. Before joining Hindustan Times, Mohanty worked with The Indian Express, Mail Today, and The Telegraph, where he covered at least six general elections and as many assembly elections. In 2007, he was selected for the prestigious Chevening Young Indian Print Journalist Programme at the University of Lincoln, United Kingdom, where he received advanced training in print journalism. In 2009 he won the Press Institute of India-International Committee of Red Cross award on conflict reporting for his on-ground reportage of 2008 Kandhamal riots.Read More

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