Protest By Adibasi Kudmi Samaj For ST Status Is Unconstitutional, Members Have No Right To Block Roadways & Railways: Calcutta HC
The Calcutta High Court has held that the protest by Adibasi Kudmi Samaj for ST (Scheduled Tribe) status is illegal and unconstitutional and its members have no right to block roadways and railways causing inconvenience to the public.
The Court observed this in a batch of two public interest litigations filed for seeking relief with regard to the demand of the aforesaid organisation.
A Division Bench of Chief Justice T.S. Sivagnanam and Justice Hiranmay Bhattacharyya said, “… the protest, which has been scheduled to be held from 20th September, 2023 is illegal and unconstitutional. The said Samaj or the members of the Samaj have no vested right in blocking the roadways and railways causing inconvenience to several citizens not only confined to the four districts of West Bengal but also the three neighbouring States.”
The Bench took note of the fact that, two agitations, which the said Samaj and its members had conducted in September, 2022 and April, 2023 had not given them the desired result for which they had planned and conducted the protest.
Senior Advocates Abhratosh Majumdar and Kishore Dutta appeared for the petitioners while Senior Advocate S.N. Mookherjee appeared for the State.
The reason for filing the two writ petitions was on account of agitation which was to be commenced from September 20, 2023 onwards and the said agitation was to be for an indefinite period by an organisation called Adibasi Kudmi Samaj, a registered society. The proposed agitation which was planned by the said organisation was to have a severe impact on the movement of the public as well as other activities particularly in four districts of West Bengal, namely, Bankura, Jhargram, Purulia, and West Midnapore. Since the proposal was to block the movement of trains, several of which were plying inter-States, the agitation was to have an impact in the states of Jharkhand, parts of State of Orissa and Chhattisgarh.
The demand of the said organisation and its office bearers was for including the Kudmi community in the Scheduled Tribe list. Earlier a public interest litigation was filed before the court seeking for such direction and the court pointed out that in a public interest litigation, a Constitutional Court exercising jurisdiction under Article 226 of the Constitution cannot issue any direction for including any community in the list of Scheduled Tribe and if at all the organisation or members of the community were aggrieved, their grievance was to be redressed before the appropriate forum. In these writ petitions the focus was on the effect of proposed agitation on the entire society.
The High Court in the above context noted, “… the short question would be should they be permitted to do so for the third occasion that too, for an indefinite period? … Our prima facie view is that the Samaj and its members should not be permitted to hold the public at ransom by calling for an indefinite protest commencing from 20th September, 2023. Having held so, the issue would be how best the situation has to be monitored.”
The Court said that it is a matter of great concern that the South-Eastern Railway had to cancel 39 trains. “Imagine the plight of people, who had booked their journey in those trains. Some of whom may have to travel for medical emergencies or for other exigencies relating to employment, education, etc.”, further noted the Court.
The Court also said that the Samaj and its members cannot hold innocent citizens to ransom by seeking to hold an indefinite protest by blocking the railways and roadways.
“… we direct the State Government to deploy additional forces including specialised forces and if necessary, forces from the neighbouring States of Jharkhand, Orissa and Chattisgarh may also be requisitioned by the State Government so that the influx of the protesters to the core area of the protest is prevented. Checks and balances need to be maintained”, ordered the Court.
Furthermore, the Court directed that the roads leading to the proposed site, where the protest is being scheduled to be conducted can be closely monitored and the flow of traffic can be prevented/restricted, unauthorised use of vehicles, goods carriages for transportation of passengers shall be prevented and / or other steps incidental to the same shall be adopted by the State Government.
“The Railway Protection Force shall also be sensitised and if additional deployment is required in the railway stations, the same shall also be requisitioned. … the protesters need to be sensitised as to what is the forum before which they will have to agitate their grievance. All effective steps shall be taken by the State Government and, if in their opinion, additional deployment of force is required, they can also requisition the Central Government for deployment of Central forces so as to work in tandem with the State forces to ensure that the public of the four districts as well as the neighbouring States are in no manner put to difficulty or inconvenience on account of the protest announced to be conducted from 20th September, 2023”, held the Court.
Accordingly, the High Court listed the matters on October 9, 2023.
Cause Title- Purulia Chamber of Trade & Industry v. The State of West Bengal & Ors.
