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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  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.