The Calcutta High Court recently disposed of a public interest litigation (PIL) filed seeking various reliefs, including directions to the State Government to take legal action against an organization called “Bharat Jakat Majhi Pargana Mahal, Traditional Social Institution, Medinipur Zila (Undivided)”, which had proposed to block National Highways and railway lines in support of their demands.
The organization had submitted a representation to the Government of West Bengal, highlighting six demands, including the setting up of a Santhali Medium Education Board, formation of a monitoring committee for Santhali Medium Education, and implementation of the laws of the 5th Schedule of the Indian Constitution.
The organization had threatened to embark on an indefinite mass movement if their demands were not met by December 15, 2024.
The Division Bench of Chief Justice T S Sivagnanam and Justice Hiranmay Bhattacharyya observed that the demands made by the organization were essentially policy matters and matters involving inclusion of a community as a reserved category in the Constitution of India.
The court held that it could not issue any direction to the Government to act in a particular manner or to formulate a policy in a particular manner.
The court also noted that the organization’s proposal to block National Highways and railway lines was unacceptable and would cause immense hardship to innocent citizens.
The court relied on its earlier decision in a similar case, where it had held that an organization cannot hold innocent citizens to ransom by seeking to hold an indefinite protest by blocking railways and roadways.
The court, therefore, issued a perpetual injunction restraining the organization and its members from conducting any agitation or blocking National Highways or railway lines.
The court also directed the State Government to take appropriate legal action against those persons who defy or violate this direction.
The court disposed of the PIL, observing that the issue involves a large section of the public and it would be advisable for the Government to take into consideration the representation made by the organization and, if feasible, to call for a discussion with the members of the said organization to sort out the issue.