Inform How Losses Caused To KSRTC On Hartal Will Be Recovered From PFI : Kerala High Court Directs Govt

The Kerala High Court, on Friday, observed that Popular Front India and its officer bearers who called for a flash hartal in the state following the arrest of its leaders by the NIA, should be held responsible for the losses suffered by the KSRTC during the protest. 

Justice Devan Ramachandran has directed the State Government to inform how it proposes to recover from the Popular Front of India and its office bearers the losses caused to the KSRTC on account of the attacks against the buses and the loss of trips during the flash hartal called by the PFI party. 

When the matter was taken by the Court, the Standing Counsel for KSRTC, Advocate Deepu Thankan, informed the Court that 70 KSRTC buses were destroyed across the state during the hartal resulting in nearly Rupees 50 lakhs losses. 

The Court remarked that perhaps the perpetrators think they can get away with it, and that's why KSRTC buses were targeted.

Who does not know that KSRTC is struggling to be afloat. This Court has been, for past few months, desperately trying to make sure that salary to its employees are paid. The Government is actively involved and financial assistance is being offered by it to KSRTC on a monthly basis. How, in such situation, can KSRTC suffer such rampant attack on them – and for what sin?

Additional Advocate General Ashok M. Cherian, instructed by Advocate Santhosh Kumar, informed the Court that efforts are being taken to nab the culprits.

However, the Court observed that is not sufficient as the loss to the KSRTC is not merely Rupees 45 to 50 lakhs as stated by Standing Counsel, but much more because several schedules and trips will be lost until the vehicles are repaired and furthermore, many employees were injured. 

This has to stop - forever. Period!It can happen only if the entity which called the 'Hartal' and the culprits are dealt with vehemently by law.

The Court observed these attacks can only be stopped if the culprits are held accountable for their actions. Therefore, the Court has directed that the Government must take strict actions against it. 

"Hence, the Government will, by the next posting date, inform this Court how they will recover the loss to the KSRTC – which it can ill afford – from the culprits, as also the entity and its office bearers which called the 'Hartal'. The loss is not merely the repair charges of the vehicles, but the loss of revenue when the trips and schedules are incapacitated; as also the medical expenses of the employees"

 The Court further observed that the action to be initiated ought to be swift, decisive, deterrent and adequate so that another will shudder before a stone is thrown on the KSRTC again.

The Court directed the Government to inform the Court on how the losses suffered will be recovered from the culprits, as also the entity and its office bearers, who called the 'Hartal'. The Court further clarified that the loss is not merely the repair charges of the vehicles, but the loss of revenue when the trips and schedules are incapacitated, as also the medical expenses of the employees.

The Court has directed the Chief Secretary to the Government of Kerala and the Secretary, Home Department, to overview the action and report to the Court. 

A division bench consisting of Justice A. K. Jayasankaran Nambiar and Justice Mohammed Nias C.P. on the same day had strongly condemned and initiated suo motu proceedings against the leaders of Popular Front of India (PFI), noting the illegal call for flash hartal in the State, which was earlier banned by the Court and observed that stringent action must be taken against the violators of the Court order.

The matter has been listed for 17th October. 

Case Title: R. Baji v. KSRTC 

Click Here To Read/Download The Order