The Kerala High Court on Monday criticised State officials and authorities for allowing political parties to hold meetings and speeches on footpaths and roads in violation of court orders [N Prakash v MV Govindan & ors]..A Division Bench of Justices Anil K Narendran and Muralee Krishna S was also not satisfied with an apology tendered by the State authorities for their failure to prevent such public obstructions. "Any political party can have their meetings anywhere, not on public roads. Agitations will be there, but now the situation is different - political organisations are being permitted to put such structures on the right of way and pedestrian facility. Prima facie, we are not satisfied with the affidavits filed by the officers concerned. These types of activities (political meets) can't be permitted in public places, pandhal stage etc," the Court said..The Court made the oral observation while hearing contempt of court proceedings filed against the Communist Party of India (Marxist)/ CPI (M) State Secretary, MV Govindan on allegations that the party had defied a 2010 judgment prohibiting public meetings on roads and road margins.The contempt case was filed by on N Prakash after the CPI (M) obstructed a public road in front of the Vanchiyoor Court Complex and a police station in Thiruvananthapuram on December 5, 2024 for the party's Palayam Area Conference.The Court had previously examined video evidence and found that the stage construction on December 5 blocked an entire track of the Uppidamoodu-Vanchiyoor road, causing traffic congestion.The Court later sought explanations from State officials who allowed the meet to happen, as well as certain other political leaders for similar violations. During yesterday's hearing of the matter, the Court took serious note of such repeated violations."Footpaths are not intended for your (political party's) agitation. When motor vehicle accidents are on the rise, we can't ask people to walk on roads rather than footpaths," the Court said. .Additional Advocate General Asok M Cherian represented the State authorities yesterday. He told the Court that the government officers present in Court are tendering an unconditional apology. He assured that such incidents would not be repeated.However, the Court remained unconvinced. "Mere tendering of apology is not enough," Justice Narendran said. .The Court also reviewed an affidavit submitted by the Circle Inspector of Police, in which the police officer said that a person named Babu was warned that the December 2024 political event could not be held on a footpath. However, despite this, the meeting proceeded with cultural programs.The Bench lamented that this showed the inability of the police to ensure that the law is followed. Instead, public officials are permitting political parties to encroach on pedestrian pathways despite court directions against such activities, the Court observed. .The Court proceeded to give the State officials and other respondents from different political parties (CPI (M), Congress) three more weeks to submit additional affidavits to explain their conduct by March 3, when the matter will be heard again..The Court is also slated to hear the matter in so far as it concerns MV Govindan tomorrow, February 12. Govindan was earlier summoned to Court, but had sought exemption from personally appearing for the February 10 hearing due to prior commitments at the CPI(M) Thrissur District Conference.The Court, therefore, exempted him from appearing for yesterday's hearing on the condition that he appear personally on February 12 at 4 PM..[Read Live Coverage]
The Kerala High Court on Monday criticised State officials and authorities for allowing political parties to hold meetings and speeches on footpaths and roads in violation of court orders [N Prakash v MV Govindan & ors]..A Division Bench of Justices Anil K Narendran and Muralee Krishna S was also not satisfied with an apology tendered by the State authorities for their failure to prevent such public obstructions. "Any political party can have their meetings anywhere, not on public roads. Agitations will be there, but now the situation is different - political organisations are being permitted to put such structures on the right of way and pedestrian facility. Prima facie, we are not satisfied with the affidavits filed by the officers concerned. These types of activities (political meets) can't be permitted in public places, pandhal stage etc," the Court said..The Court made the oral observation while hearing contempt of court proceedings filed against the Communist Party of India (Marxist)/ CPI (M) State Secretary, MV Govindan on allegations that the party had defied a 2010 judgment prohibiting public meetings on roads and road margins.The contempt case was filed by on N Prakash after the CPI (M) obstructed a public road in front of the Vanchiyoor Court Complex and a police station in Thiruvananthapuram on December 5, 2024 for the party's Palayam Area Conference.The Court had previously examined video evidence and found that the stage construction on December 5 blocked an entire track of the Uppidamoodu-Vanchiyoor road, causing traffic congestion.The Court later sought explanations from State officials who allowed the meet to happen, as well as certain other political leaders for similar violations. During yesterday's hearing of the matter, the Court took serious note of such repeated violations."Footpaths are not intended for your (political party's) agitation. When motor vehicle accidents are on the rise, we can't ask people to walk on roads rather than footpaths," the Court said. .Additional Advocate General Asok M Cherian represented the State authorities yesterday. He told the Court that the government officers present in Court are tendering an unconditional apology. He assured that such incidents would not be repeated.However, the Court remained unconvinced. "Mere tendering of apology is not enough," Justice Narendran said. .The Court also reviewed an affidavit submitted by the Circle Inspector of Police, in which the police officer said that a person named Babu was warned that the December 2024 political event could not be held on a footpath. However, despite this, the meeting proceeded with cultural programs.The Bench lamented that this showed the inability of the police to ensure that the law is followed. Instead, public officials are permitting political parties to encroach on pedestrian pathways despite court directions against such activities, the Court observed. .The Court proceeded to give the State officials and other respondents from different political parties (CPI (M), Congress) three more weeks to submit additional affidavits to explain their conduct by March 3, when the matter will be heard again..The Court is also slated to hear the matter in so far as it concerns MV Govindan tomorrow, February 12. Govindan was earlier summoned to Court, but had sought exemption from personally appearing for the February 10 hearing due to prior commitments at the CPI(M) Thrissur District Conference.The Court, therefore, exempted him from appearing for yesterday's hearing on the condition that he appear personally on February 12 at 4 PM..[Read Live Coverage]
