Sri Vijaya Puram, Feb 15: The District Magistrate of South Andaman, Purva Garg, has issued an order under Section 163 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, in view of a bandh call on February 16 by certain organisations within the district, according to an order copy reviewed by The Wave Andaman.
The order states that the decision follows a report from the Superintendent of Police and other reliable inputs indicating that the bandh could lead to obstruction of public roads and highways, disruption of public transport services, interference with examinations and academic activities of educational institutions, forcible closure of establishments, and disturbance of public order.
Several political leaders in the islands have called for a complete bandh on February 16 in protest against the proposed transfer of colleges in the islands from affiliation to Pondicherry University to a deemed-to-be university framework. Among those who have publicly supported the bandh call are Congress leader TSG Bhaskar and Ankit Mridha of the Akhil Bharatiya Vidyarthi Parishad (ABVP).
Referring to legal precedent, the order notes that the Supreme Court in Bharat Kumar vs State of Kerala (1998) had declared that calling for and enforcing a bandh is unconstitutional and that no organisation has the right to infringe the fundamental rights of citizens under Articles 19(1)(g) and 21 of the Constitution.
The document records that uninterrupted functioning of educational institutions, transport, hospitals, offices and essential services is necessary in public interest, and that examinations, classes and academic activities are scheduled during the period. It adds that disruption could prejudice the academic interests and future prospects of students, making immediate preventive action necessary to maintain public tranquillity.
Under the order, no person, association or organisation is allowed to obstruct public roads and highways, transport routes, depots or terminals, educational institutions, tourist places or other public locations. Attempts to prevent the movement of buses, taxis, autos, tourists, passengers, transport personnel or other public and private vehicles and vessels are also barred. Transport operators have been directed to operate services as per schedule.
The order further prohibits assembly of five or more persons, carrying of weapons, sticks, stones or inflammable materials, blocking of roads or public ways, intimidation or coercion of any person, and enforcement of closure of shops, offices or institutions. Meetings, rallies, processions, protests or demonstrations cannot be held without prior written permission.
It also bars obstruction to examinations, tests or evaluations, movement of students, teachers or staff, entry and exit to educational institutions and hostels, and operation of school or college transport services. The order specifies that no intimidation, blockade or protest shall be permitted in the vicinity of any educational institution.
Officials of educational institutions, including Directors of School and Higher Education, university authorities, principals and teaching staff, have been directed to ensure smooth conduct of examinations and academic activities. The Superintendent of Police has been instructed to deploy forces at vulnerable points, ensure security at examination centres and campuses, provide escort for buses where required, and maintain continuous patrolling.
The Director of Transport and the Director of Shipping have been directed to ensure operation of all scheduled public and private transport and ferry services. The order warns that any violation will attract action under Section 223 of the Bharatiya Nyaya Sanhita, 2023, and other applicable provisions of law.
According to the order copy reviewed by The Wave Andaman, the restrictions will remain in force across South Andaman District on February 16 unless withdrawn earlier and will not apply to executive magistrates, police personnel and other public servants on duty. It states that the order has been issued ex parte in exercise of emergency powers and will be publicised through media, public address systems and official channels.
