New Delhi, Nov. 22: The Supreme Court today threatened to go after politicians who announce rail or road blockades, saying it would direct their prosecution within three months by special courts.
“Don’t be under any illusion that we will not do this…. Any talk of judicial overreach will not deter us,” a two-judge bench headed by Justice G.S. Singhvi said.
The court’s observations came after the Centre sought three more weeks to come up with suggestions to deal with agitations that disrupt rail or road traffic.
“It’s your duty. But if you fail, we will not hesitate to step in,” the judge said, claiming to be speaking for the “small Indian whose voice is seldom heard” even as he falls “victim” to such blockades.
“We are the third constituent of the state under the Constitution. We shall direct mandatory prosecution of all those calling for rail/rasta roko by special courts within three months. We will ask the Centre to set up special courts for this,” Justice Singhvi said.
Government counsel Wasim Qadri’s request for more time appeared to annoy the bench since it was the second adjournment being sought by the Centre.
The court reluctantly allowed more time after saying: “All of us are victims at some point or the other….”
It added: “Governments are party to these rail rokos. Even honourable members of legislative bodies do this. If they are in Opposition, they do it and if they are in government, they criticise it.
“Hon’ble ministers take part in these. It is part of their political agenda. Everybody is a bystander. Are you really serious (about) stopping it? How many police personnel do you deploy to protect passengers from vandals and hooligans?”
The court was hearing a public interest litigation on an April 2010 attack on Dalits in Mirchpur, Haryana, following which several Jats were arrested. When Jats protesting the arrests blocked tracks, the court said, the railways suffered a loss of Rs 11 crore.
“We don’t know its costs in Rajasthan,” the bench said referring to a rampage by Gujjars demanding Scheduled Tribe status. It cited how Telangana agitators had torched 184 buses on a single day.
The railway ministry and the Haryana government are yet to respond to an apex court directive of March 28, asking them to answer certain questions, such as:
Can a government, in the name of a peaceful agitation by a political outfit or a group of people, directly or indirectly allow disruption of rail and road traffic?
How far is the state responsible for bringing to justice the people behind such disruption?
Should the state be asked to reimburse the railways for losses from such disruption?
Should the court lay down guidelines to prevent such disruptions and damage to public property?