Bharat Kumar v State of Kerala AIR 1997 Ker 292

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  • The court agreed with the contentions of the petitioners and held that no political party or organization can claim that it is entitled to paralyze the industry and commerce in the entire State or Nation and is entitled to prevent the ‘citizens not in sympathy with its view point, from exercising their fundamental rights or from performing their duties. Such a claim is unreasonable and could not he accepted as a legitimate exercise of a fundamental right by a political party. Calling of bundhs therefore is unconstitutional.
  • This order was appealed in the SC and the SC fully agreed with the HC ruling and upheld it.

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