The Communist Party Of India (M) vs Bharat Kumar & Ors on 12 November, 1997 Equivalent citations: AIR 1998 SUPREME COURT 184, 1997 AIR SCW 4147, (1997) 2 KER LT 1007, (1998) 1 MAD LW 406, (1998) 1 PAT LJR 19, (1998) 1 RAJ LW 55, (1997) 7 SCALE 21(1), (1998) 3 CIVLJ 1, (1998) 92 FJR 514, (1998) 1 LS 10, (1998) 1 MAD LJ 99, 1998 (1) SCC 201, (1998) 1 SERVLR 20, 1998 UJ(SC) 1 60, (1998) 1 ALLMR 155 (SC), (1997) 9 SUPREME 415, (1998) 1 CTC 46 (SC), 1998 ALL CJ 1 515 Bench: B.N. Kirpal, V.N. Khare PETITIONER: THE COMMUNIST PARTY OF INDIA (M) Vs. RESPONDENT: BHARAT KUMAR & ORS. DATE OF JUDGMENT: 12/11/1997 BENCH: B.N. KIRPAL, V.N. KHARE ACT: HEADNOTE: JUDGMENT: O R D E R Leave granted We have heard Mr. Harish Salve and Mr. Soli J.Sorabjee, learned counsel for the appellant and Mr. Mathai M. Paideday, learned counsel for the respondents. On a perusal of the impugned judgment of the High Court, referring to which learned counsel for the appellant pointed out certain portions, particularly in paras 13 and 18 including the operative part in support of their submissions, we find that the judgment does not call for any interference. We are satisfied that the distinction drawn by the High Court between a "Bandh" and a call for general strike or "Hartal" is well made out with reference to the effect of a "Bandh" on the The Communist Party Of India (M) vs Bharat Kumar & Ors on 12 November, 1997  1 fundamental rights of other citizens. There cannot be any doubt that the fundamental rights of the people as a whole cannot be subservient to the claim of fundamental right of a n individual or only a section of the people. it is on the basis of this distinction that the High Court has rightly concluded that there cannot be any right to call or enforce a "Bandh" which interferes with the exercise of the fundamental freedoms of other citizens, in addition to causing national loss in may ways. We may also add that the reasoning given by the High Court, particularly those in paragraphs 12, 13 and 17 for the ultimate conclusion and directions in paragraph 18 is correct with which we are in agreement. We may also observe that the High Court has drawn a very appropriate distinction between a "Bandh" on the hand and a call for general strike or "Hartal" on the other. We are in agreement with the view taken by the High Court. The appeals are dismissed accordingly. No costs. The Communist Party Of India (M) vs Bharat Kumar & Ors on 12 November, 1997  2