Secretaries of local govt institutions will be held personally responsible for political parties' illegal flag masts: Kerala High Court

The Kerala High Court on Thursday issued a set of directions fixing personal responsibility on secretaries of the local self-government institutions for the continued practice of turning a blind eye to the illegal installation of flags posts and banners of political parties in public places [The Manam Sugar Mills Co-operative Ltd. v. Deputy Superintendent of Police]..Justice Devan Ramachandran noted that despite repeated orders from the Court to remove such illegal installations, the problem continued to persisted. "Every time this Court passed orders to remove them, they were complied with, but it would simply return because the resolve to ensure that it is finally rid of is lacking," the Court said.It, therefore, decided to fix personal responsibility on the authorities in the concerned areas where such illegal installations are found to be in place. .Pertinently, the Court also ordered that printing press/ advertising agencies, who are found to have illegally installed such flag posts on behalf of political parties and others, will have their licences cancelled. The following directions were issued by the Court.The secretaries of the local self-government institutions should immediately begin a drive to remove all the unauthorized boards/ banners/ flags which are contrary to the directions of this Court and in violation of the order of the Road Safety Commissioner and return them to the perpetrators without dumping it in the public waste disposal systems, within a period of thirty days from today. Necessary directions to the various secretaries of the local self-government institutions should be issued by the Director of Panchayats and by the Director of Urban Affairs, by way of circulars/ orders, within a period of five days.Every unauthorized board/ banner/ flag etc. remaining after the aforementioned period will be the personal responsibility of the secretaries of local self-government institutions, as also the field staff which will invite necessary action as per law.No advertisement agency/ entity shall be entitled to fix any unauthorized board/ banner/ flag or such other in violation of the orders of this Court or contrary to the order of the Road Safety Commissioner; and for this purpose they shall make such installations only after they are provided the necessary sanction from the secretary of the local self-government institutions, and in no other manner. Every board/ banner/ flag which shall be printed by the advertisement agencies/ printing presses shall contain their addresses and phone numbers displayed at its lower end, so that necessary action can be taken in the event of any violation found against them by the competent authorities.Any boards/ banners/ flags hereinafter printed without the details of the printing press/ advertising agency as above, will be deemed to be illegal, inviting stringent action, including under the Indian Penal Code and the Land Conservancy Act.Any violation of the directions in (2), (3) and (4) above will also entail the cancellation to the licenses to the printing press/ advertising agencies, subject to a proper enquiry being completed..The Court issued the order on a petition filed by a property owner who had approached the Court through advocate RT Pradeep seeking police protection to remove flag posts that were allegedly put up on his property by political parties.Apart from the case of the specific property owner, the Court had decided that the larger issue of such installations at other places must also obtain the attention of the competent authorities and tagged several petitions togather that pertained to the same issue. Subsequently, it had pulled up the State government for allowing to continue the practice of political parties putting up flag masts wherever they choose to without any consequences and ordered that strict action be taken against those who do not remove such installations in accordance with law. .[Read Order]