In a major setback to the Gorkha Janmukti Morcha, the Calcutta high court on Wednesday declared the two-day janata curfew illegal and unconstitutional and said it violated the human rights of the people of the hills.
Expressing his strong displeasure with the nearly two week-long bandh, Chief Justice Arun Mishra told the GJM leadership that they could not treat the people of the hills like animals. The court also wanted to know why should it not pay compensation to the common people for disrupting their normal life.
In addition, the division bench comprising of Chief Justice Arun Mishra and Justice Joymalyo Bagchi directed the GJM to file an affidavit by September 5 stating why it would not be made to compensate for the damage caused to public properties during the shutdown. The high court’s rap on GJM came during the hearing of a public interest litigation (PIL) seeking prevention on such shutdown.
The GJM counsel, however, said that the people of the hills were spontaneously registering their protest to press for a separate Gorkhaland by preferring to remain indoors. Ignoring the GJM argument, the court said that the people of the hills were forced to live without the basic amenities such as food, water and medicine due to the prolonged bandh and were not being treated as human beings. The divsion bench also observed that fundamental rights of people were being violated and that normalcy at schools, colleges and medical institutions were also being affected.
The division bench directed the state government to submit a report estimating the damage and destruction to public property during the shutdown. Government pleader Ashok Banerjee submitted a report in a sealed cover detailing the present situation in Darjeeling. “Today, the court expressed deep anguish over the way the bandh has been imposed on common people in the hills. Although, the GJM counsel termed the bandh as janata curfew the court observed it as nothing more than a bandh,” advocate Banerjee said.
The Chief Justice has asked GJM to respond before September 5. Failing to do so will be viewed as a contempt of court,” advocate Banerjee said.
Reacting to the HC order, GJM general secretary Roshan Giri said, “We respect the high court’s order though we are yet to receive a copy. People of the hills have spontaneously supported the Gorkhaland movement and participated in the janata curfew.” The GJM would go to the Supreme Court against the high court order. A final call will be taken in an all party meeting on August 16.
Harping on Telengana issue, Mr Giri said, “The demand for Gorkhaland is 106 years old. The way Telengana received separate statehood; we have the right to ask for the same. The government needs to hear us, as they cannot suppress the people’s voice. The state government has deployed heavy force while people in the hills are protesting in a peaceful and democratic process.”