'Distressing And Anti-People': Kerala High Court Criticizes State Govt's Flash Harthal In Wayanad For Additional Funds From Centre

The Division Bench comprising Justice A.K.Jayasankaran Nambiar and Justice K V Jayakumar orally remarked that flash harthals are "anti-people" as they affect the life and livelihood of citizens. It stated that the conduct of the government is "distressing and disturbing" and grossly unfair to the people.

“The UDF and LDF, both called for an Harthal. What kind of irresponsible behaviour is this?...One can understand resorting to strike or something after 15 day's notice, but something that is so anti people as a flash harthal, something we are passing orders and condemning since 2019. There has been a public announcement, if I am not mistaken by UDF, that they are not going for flash harthals. The LDF which is in governance resorts to the same thing and for what?” Justice Nambiar orally remarked.

The Court continued that flash Harthals cause misery to people and sternly cautioned that the judiciary is absolutely against such conduct of the government.

“It has come to a stage that now we are wondering which is the bigger disaster, is it the natural disaster in Wayanad or this? Please inform the establishment of the government that this will not be tolerated by this Court…What do you seek to achieve by this Harthal of yours…You say that the central government is not giving you funds, as if the Harthal is going to get you more funds,” Justice Nambiar said.

The development came in the suo moto hearing for rehabilitation of landslide-hit Wayanad, wherein a letter of the State Minister for Home Affairs was produced, claiming that no additional funds will be given by the Centre.

Significant to note that the Central Government and National Disaster Management Authority (NDMA) filed an affidavit in the Court yesterday, detailing fresh approval of funds and other forms of assistance in a High-Level Meeting held on November 16.

It is submitted that the High-Level Committee has approved rupees 153. 467 crore from the NDMA, subject to adjustment of 50 per cent balance available in the SDRF account for instant relief. It is also stated that a decision has been taken to sanction funds for air bills raised by the Indian Air Force for the airdropping of essential supplies and rescue. It is also submitted that assistance for the clearance of debris by using heavy equipment machinery near the areas of the landslide hit Meppadi Grama Panchayat in Wayanad is also approved by the High-Level Committee. 

The Amicus Curiae pointed out that the State Government is yet to comply with the Court's previous order directing to carrying capacity assessment of hill stations. It was submitted that international travel platforms have placed Kerala on 'No List 2025' and stated that changes must be brought in the tourism policy of the state.

The Court noted that November to February or March is the tourism season in the State and thus called for urgent action to ensure that Kerala continues to hold prime position on the international tourism map. The Court thus directed the State Government to update regarding the progress of the carrying capacity study conducted and to submit periodic reports.

The matter has been posted to December 06 for further hearing. 

Case Title: In Re: Prevention And Management Of Natural Disasters In Kerala V State Of Kerala

Case Number: WP(C) 28509/ 2024 & Connected Cases 

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