The Kerala High Court summoned Vanchiyoor Police Circle Inspector Girilal D regarding the failure to prevent road obstruction from a December 5 CPI(M) meeting. Petitioner N Prakash seeks contempt action for the violation of past rulings against public meetings on roads. The Court criticized enforcement lapses and set a hearing for December 12, highlighting ongoing public rights concerns.
Kerala: The Kerala High Court on Tuesday (Dec 10th) summoned the Circle Inspector (CI) of Police at Vanchiyoor, Thiruvananthapuram, to personally appear and explain the police’s failure to prevent a road obstruction allegedly caused by a December 5 political meeting of the Communist Party of India (Marxist) [N Prakash v MV Govindan Master & ors].
A Division Bench of Justices Anil K Narendran and Muralee Krishna S directed the Additional Advocate General to notify CI Girilal D to appear with relevant documents. “We deem it appropriate to direct the Circle Inspector of Police, the 4th respondent, to be present personally in Court… to explain the facts and circumstances, on Thursday (December 12),” the Bench ordered.
The case arises from a petition by N Prakash seeking contempt action against CPI(M) State Secretary MV Govindan Master for allegedly blocking a public road during the Palayam area conference. Prakash cited the High Court’s 2010 ruling in Khalid Mundappilly v The Executive Engineer, which prohibited public meetings on roads and road margins.
Highlighting repeated violations, Prakash argued that the stage for the December 5 event was constructed in front of the Vanchiyoor Court complex and police station, blatantly disregarding the Court’s earlier judgment. He contended such actions infringe on citizens’ fundamental rights under Articles 19(1)(d) and 21 of the Constitution.
The Bench noted past concerns over road blockages, referencing the 2021 Trivandrum Chamber of Commerce and Industry v State of Kerala & Ors case. It also criticized the lack of enforcement of a 2021 circular issued by the local self-government to prevent such obstructions.
“What happened to this circular? Is it in cold storage? Even shamyanas are being put up on the footpaths for different classes of protestors with political backing, whether ruling or opposition,”
the Court remarked, lamenting the persistent disregard for its directives.
The petitioner further sought action against authorities, including State Police Chief Dr. Shaik Darvesh Saheb, Inspector General of Police P Sparjan Kumar, and CI Girilal, accusing them of failing to uphold the Court’s directions.
Granting time for the Additional Advocate General to obtain instructions from the State, the Court scheduled further hearing for December 12.
This case highlights the ongoing challenge of balancing political activities with public rights and judicial directives, emphasizing the need for strict enforcement of regulations to prevent inconveniences caused by unauthorized use of public roads.
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