Justice Devan Ramachandran criticized authorities for ignoring such illegal installations, suggesting this might stem from either fear or the mistaken belief that these acts are religious in nature.
Kerala: The Kerala High Court emphasized on Wednesday (4th Dec) that placing unauthorized boards and banners in public areas cannot be justified as a religious practice.
Justice Devan Ramachandran criticized authorities for ignoring such illegal installations, suggesting this might stem from either fear or the mistaken belief that these acts are religious in nature.
“When religious institutions place boards and banners in public spaces, authorities look the other way out of fear. However, such acts are not religious practices. Whether from temples, churches, or mosques, these installations in busy areas do not qualify as religious practices. We are confident in stating this,” Justice Ramachandran commented.
The Court was addressing a series of cases concerning illegal billboards, banners, and flex boards placed in public spaces. In a previous order, the Court recommended imposing a Rs 5,000 fine, as stipulated by Kerala Municipality Rules, for each unauthorized installation. However, the issue has persisted, particularly with banners set up by politicians and political parties.
“Why are pictures of ministers displayed like this? Have fines been imposed on political parties? I have no objection to legal advertisements from political parties or religious institutions, but why place them on guardrails and medians? Drivers need clear visibility.
“The majority of the public disapproves of these practices. Local government secretaries seem more afraid of those who install the boards than the court itself,”
Justice Ramachandran remarked.
He also highlighted the reluctance of local self-government secretaries to enforce penalties due to potential backlash from political entities.
“The government expects secretaries to handle this, but can you guarantee they won’t face attacks or punishment if they remove these boards? We spend substantial amounts beautifying public spaces, only for them to be obscured by banners and flags. By now, fines should have amounted to at least 50 lakh rupees. Have you collected fines from any political party? It seems fear, not law, dictates our actions,” he added.
The Court reiterated that secretaries would be held personally accountable if the illegal installations continue. It also instructed the police to act if secretaries report any threats. To further address the issue, the Court summoned the Secretary of the Local Self Government Department to appear online at the next hearing.
[Case Title: St Stephen’s Malankara Catholic Church Kattanam Village v State of Kerala].
