Kerala High Court orders CPI(M)'s MV Govindan to appear before court over road obstruction

The Kerala High Court on Friday directed Communist Party of India (Marxist) State Secretary MV Govindan to be present before the Court on February 12 in a contempt of court case filed against him in relation to blocking of a public road in Thiruvananthapuram by CPI(M) members for their Palayam Area Conference on December 5, 2024 [N Prakash v MV Govindan & ors]..The case filed by one N Prakash alleged willful disobedience of a 2010 judgment prohibiting public meetings on roads and road margins.A Division bench of Justice Anil K Narendran and Justice Muralee Krishna S considered an interlocutory application moved by Govindan, who sought exemption from personal appearance due to the CPI(M) Thrissur District Conference scheduled for February 9 to 11.The bench took note of his affidavit, wherein he expressed readiness to appear on a later date as directed.After hearing arguments from both sides, the Court dispensed with his appearance on February 10th but mandated his presence on February 12 at 4 pm."Considering the facts stated in the affidavit filed in support of this interlocutory application, the personal appearance of the 1st respondent in Court on 10.02.2025 is dispensed with on condition that he shall personally present in Court on 12.02.2025 at 04.00 pm," the Court said..The contempt petition filed by Prakash alleged that CPI(M) members had erected a stage on a public road in front of the Vanchiyoor Court Complex and police station for their Palayam Area Conference.The petitioner argued that blocking public roads infringed upon the fundamental rights of the citizens under Articles 19(1)(d) (right to move freely) and 21 (right to life) of the Constitution.Prakash also accused authorities of failing to enforce the High Court's 2010 directions against political meetings on public roads, leading to repeated violations.Alongside CPI(M) leaders, he sought action against various state authorities including the State Police Chief, Dr Shaik Darvesh Saheb and Chief Secretary to the Government, Sarada Muraleedharan for not preventing such encroachments.However, the Court dispensed the appearance of these two along with Govindan on February 10..The Court had previously examined video evidence and found that the stage construction on December 5 had blocked an entire track of the Uppidamoodu-Vanchiyoor road, causing traffic congestion.It reaffirmed that political parties and authorities must ensure public roads remain obstruction-free.The Court, in its earlier orders, had emphasised that public roads are held in trust by the State for free public use and cannot be obstructed by political or other gatherings.It noted that such obstructions force pedestrians, including schoolchildren and emergency vehicles, into dangerous situations.Ultimately, while considering Govindan's plea, the Court granted relief for February 10 but made it clear that he must be personally present on February 12. The matter will be taken up next on February 10 for the appearance of the other respondents..Senior Counsel T Krishnanunni, along with advocates M Sasindran and TB Hood appeared for MV Govindan.Additional Advocate General Asok M Cherian and Government Pleader TS Shyam Prasanth represented the State authorities..[Read Order]