A bench comprising Justices Anil K Narendran and Muralee Krishna S made this observation while directing the police to identify participants in the CPI(M)’s Palayam area conference, held outside the Vanchiyoor court complex and police station in Thiruvananthapuram on December 5.
Kochi: The Kerala High Court on Thursday(12th Dec) emphasized that neither the ruling coalition nor the opposition can conduct public meetings that obstruct the public’s right of way on roads and footpaths.
A bench comprising Justices Anil K Narendran and Muralee Krishna S made this observation while directing the police to identify participants in the CPI(M)’s Palayam area conference, held outside the Vanchiyoor court complex and police station in Thiruvananthapuram on December 5.
The court deemed the incident “a clear case of breach of trust,” highlighting the government’s role as the trustee of public roads.
The bench questioned the police’s inability to identify CPI(M) leaders and participants seen in news reports, demanding details of actions taken against them, including vehicle seizures. It instructed the Additional Advocate General to obtain inputs from the State Police Chief regarding the incident and directed the Vanchiyoor Station House Officer to submit a detailed report by December 16.
The court underscored the necessity for impartial law enforcement, stating, “There can be no special criteria for the ruling front or the opposition.”
It pointed out that the meeting’s stage was erected atop a pedestrian crossing, blocking one side of the road and causing traffic jams, which impacted school children, infants, and the elderly.
It emphasized that provisions of the Bharatiya Nyaya Sanhita (BNS) and the Motor Vehicles Act, among other laws, were applicable. The court criticized the police for failing to prevent the meeting and noted that even the Thiruvananthapuram Municipal Corporation Secretary had the authority to intervene.
Additionally, the court expressed concern over a subsequent dharna held by a CPI-affiliated organization outside the state secretariat, which obstructed the footpath and part of the road. It warned of possible action regarding this second incident, citing it as further evidence of “open flouting of court directions.”
CPI(M) MLA and Thiruvananthapuram district secretary V Joy acknowledged that the December 5 conference was “avoidable” and termed it a “mistake” by the area committee. The police confirmed that a case was registered on the same day under the BNS for blocking the road, unlawful assembly, and violation of court orders.
Around 30 individuals were arrested and released on station bail due to the minor nature of the offenses. Materials used to construct the stage were also seized, the police said.
