High Court declares Bandh as unconstitutional: Authority warned of action

High Court declares Bandh as unconstitutional: Authority warned of action

Agency News

Gangtok, Feb 26 : High Court of Sikkim has declared 'Bandh' unconstitutional and Sikkim Krantikari Morcha party has been directed to withdraw it.

The party had called for ‘Bandh’ across the state as they had demanded fulfilling 30 demands put forth by them by February 25, failing which Bandh was scheduled for February 28.

‘The proposed peace Rally on February 27 to March 1 is to be called off. We respect the judgement of the High Court and welcome it,’ said K T Gyaltsen, the Legal Advisor to Chief Minister Pawan Chamling here today.

He described the judgement as pro-people and pro-Sikkim.

‘It must be viewed as a stricture against those causing perpetual feeling of insecurity’, said MP Lok Sabha PD Rai.

Anish Sharma & Others had filed a writ petition (PIL) no1/2019 Versus State of Sikkim & others against the Statewide ‘Bandh’ called on February 28 by SKM on the plea that many School and College students attending institutions from outside

Gangtok will not be able to travel in case of ‘Bandh’. This will cause loss to studies.

Central Board of Secondary Education and Indian School Certificate exams are about to start and ‘Bandh’ would create difficulties.

They have also cited the disturbance caused due to road blockade by demonstrators

on February 18 last. They have also traced the records of 2014 pre election days violent disturbance and shutting down everything and no –action against those involved in it.

After considering all the facts the High Court with Chief Justice and the Judges of High Court issued certain directions.

The directions include, the Sikkim Krantikari Party has to refrain from ‘Bandh’ and Sikkim Democratic Front from carrying out a peaceful procession on February 28.

Court in the Order today has restrained the Sikkim Krantikari Morcha from going ahead with the call for ‘Bandh’ on February 28. And has directed Sikkim Democratic

Front not to go ahead with any peaceful procession or rally on February 28.

The Court has also directed the Chief Secretary and Director General of Police

to Sikkim to ensure action against anyone involved in any kind of ‘Bandh’,disrupting normal public life and affecting the law & order,failing which appropriate action will be taken against Chief Secretary and Director General of Police.

Sikkim Krantikari Morcha party has reserved their comments on the issue till February 27.