Odisha Bandh- Orissa HC Directs Congress Party To Ensure Peaceful Protest, No Closure Of Shops, Disruption Of Public Transport Allowed Tomorrow

The Orissa High Court on Thursday directed the Congress party in the State to ensure that whatever protest is organized tomorrow i.e. on November 12 is peaceful and does not cause any inconvenience or disruption to any member of the public. The Court in particular underscored that no attempt should be made to forcibly close any establishment or shop or prevent the plying of buses, trains and all other forms of public or private transport.

The Congress party had proclaimed to conduct 'Odisha Bandh' across the State tomorrow demanding the resignation of Dibya Shankar Mishra, Minister of State for Home over his alleged links with Govind Sahu, prime accused in the sensational Mamita Meher murder case. 

A Bench comprising Chief Justice S. Muralidhar and Justice A.K Mohapatra was adjudicating upon a Public Interest Litigation (PIL) petition moved by Naresh Kumar Mishra, a shop owner in Cuttack. He had contended before the Bench that at around 11 am on Thursday a mob of 20-25 persons claiming  to be workers of the Congress party had warned market establishments around College Square and Ranihat areas of Cuttack to desist from opening their shops tomorrow failing which their shops will be forcibly closed down. Apprehending such a threat, the instant petition had been filed. 

During the proceedings, the Bench referred to a news report published in "The Sambad" English edition on November 10, 2021 stating that the Congress Party had given a call for 'Odisha Bandh' on November 12, asking for the resignation of the aforementioned Minister in the Odisha cabinet. 

Senior Advocate Milan Kanungo appearing for the petitioner submitted before the Bench that the Supreme Court in Communist Party of India (M) v. Bharat Kumar had opined that "there cannot be any right to call or enforce the Bandh which interferes with the exercise of the fundamental freedom of the other citizens in addition to causing national loss in many ways." 

Furthermore, Advocate General Ashok Parija contended that it is important to strike a balance between Articles 19(1)(a) (freedom of speech and expression) and (b) (freedom to assemble peacefully) of the Constitution on one hand and Article 19(1)(g) (right to practice any profession) of the Constitution on the other hand. 

Chiranjib Biswal, the working President of the Odisha Pradesh Congress Committee who was present during the proceedings in virtual mode further assured the Court that the Indian National Congress Party and its constituent the Odisha Pradesh Congress Committee, its workers and members will strictly abide by the settled law and will organise a peaceful protest tomorrow. Accordingly, the Bench recorded in its order, 

"He has assured the Court that Opposite Party No.3, its workers and members will only organize a peaceful protest tomorrow i.e. 12th November, 2021 in exercise of their rights under Articles 19(1)(a) and (b) of the Constitution of India without causing any inconvenience to anyone and without compelling anyone to shut their shops, or join the protest or prevent the plying of buses and trains and all forms of public transport and ensure that there is no disruption of the normal activities of the people. He has further stated that if anyone tries to compel any shopkeeper or any businessman to shut their shops or business activity or force any person to participate in a 'Bandh', or interfere with the normal activities of the people in any manner, or create a law and order situation, it will be open to the Police to take strict action against such persons in accordance with law."

The Court further recognised that when a public protest is organized and is intended to be peaceful, 'certain unruly elements' take advantage of the situation to create a law and order problem. Accordingly, the Court directed the Commissioner of Police and the Director General of Police to take stringent action against such persons. 

The authorities were further directed to ensure that no law and order situation inconveniencing the public, and disrupting the business and the general and normal activities of the people is allowed to be created and to take legal means against such persons.  

Accordingly, the petition was disposed of. 

Case Title: Naresh Kumar Mishra v. State of Odisha and Ors 

Click Here To Read/Download Order