PIL 72/2005 BEFORE HON’BLE THE CHIEF JUSTICE MR J CHELAMESWAR HON’BLE MR JUSTICE AC UPADHYAY These two writ petitions are filed with the prayer as follows :- &. It is, therefore, prayed that Your Lordships may be pleased to issue a Rule on the respondents to show cause as to why 1) A writ in the nature of Certiorari should not be issued declaring the Ba ndhs, Picketing, Road Blockades and purported Public Curfews etc detailed in thi s petition as illegal and unconstitutional. 2) The inaction on the part of the Government/Official Respondents to prote ct the citizens from the menace and suffering and losses inflicted on them resul ting from all these Bandhs, Picketing, Road Blockades and purported Public Curfe ws etc an declare such impugned inaction/inadequate action as a failure to disch arge their statutory/constitutional duties and obligations towards the citizenry . 3) A writ in the nature of Mandamus shall not be issued to the Respondent N o.5 to desist from any Bandhs, Picketing, Road Blockades and purported Public Cu rfews etc an any further sponsoring Bandhs, Picketing, Road Blockades and purpor ted Public Curfews etc in the State of Meghalaya and to direct the respondents t o ensure that such Bandhs, Picketing, Road Blockades and purported Public Curfew s etc are not recurred/prevented. 4) A direction under the writ of Habeas Corpus shall not be issued as again st forcible and imposed confinement of the citizens through the purported privat e curfews. 5) All the respondents should not be made responsible and made to recoup th e losses suffered by the citizenry as a result of forced and wrongful confinemen t of the citizenry in the name of Curfew, Blockades and Bandhs with adequate gra nt of exemplary costs to be deposited to a fund as may be decided by this Hon’bl e Court. 6) And/or a further direction shall not be given to hold responsible and to prosecute the erring office bearers/functionaries/associates under the relevant penal laws. 7) Call for the records as well as the reports, if any, from the respondent s. (in PIL No.50/05) &. It is respectfully prayed that Your Lordships may be pleased to issue a Rule on the Respondents to show cause as to why - 1) A writ in the nature of Certiorari should not be issued declaring the Ba ndhs detailed in this petition as illegal and unconstitutional; 2) The inaction on the part of the State Respondents to protect the citizen s from the menace and suffering and losses inflicted on them resulting from thes e Bandhs and declare such impugned inaction/inadequate action as a failure to di scharge their statutory/constitutional duties and obligations towards the citize nry. 3) A writ in the nature of Mandamus shall not be issued to the Respondents No.5 to 19 to desist from any call for Bandh and any further sponsoring of Bandh s in the State of Assam and to direct the Respondents to ensure that such Bandhs are not recurred. 4) To impose exemplary cost upon the Private Respondents for calling any su ch Bandhs in future. 5) And/or a further direction shall not be given to hold responsible and to prosecute the erring office bearers/functionaries/associates under the relevant penal laws; and 6) Call for the records as well as the reports, if any, from the Respondent s (in PIL No.72/05) 2. In substance, in both these PILs the petitioners, who are reside nts of the States of Meghalaya and Assam and public spirited persons, complain a bout the frequent calls of bandhs, road blockage etc by various political partie s and other organisations. In both the petitions the petitioners have given the details of the various bandhs etc called in the last few years prior to filing o f these petitions. 3. The issue is no more res-integra and is squarely covered by the decision of the Supreme Court reported in (1998) 1SCC 201 (Communist Party of In dia (M) vs. Bharat Kumar & Ors). 4. In the circumstances both these writ petitions are required to b e allowed directing the respondents to strictly implement the law declared by th e Supreme Court in the above mentioned judgment by taking all necessary steps fo r preventing infringement of the various fundamental rights of the citizens on a ccount of the various calls of bandhs etc given from time to time by various pol itical or other organisations. 5. Both the PILs are accordingly disposed of.