The Kerala High Court strongly criticized State officials for permitting political parties to hold meetings on roads and footpaths, violating court orders. It rejected their apology, stating “Mere tendering of apology is not enough.” The Court observed that such events disrupt public movement and ordered officials and political leaders, including CPI(M) and Congress, to submit explanations by March 3. CPI(M) leader MV Govindan has been directed to appear in court on February 12 at 4 PM.
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KOCHI: The Kerala High Court on Monday strongly criticized State officials and authorities for allowing political parties to hold meetings and speeches on roads and footpaths, which goes against court orders.
A Division Bench of Justices Anil K Narendran and Muralee Krishna S was not satisfied with the apology given by the State authorities for failing to stop 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 these remarks while hearing a contempt of court case against Communist Party of India (Marxist) / CPI(M) State Secretary MV Govindan. The case was filed on allegations that CPI(M) had violated a 2010 judgment that banned public meetings on roads and road margins.
The contempt petition was filed by N Prakash after CPI(M) blocked 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.
Earlier, the Court had examined video footage that showed a stage constructed on December 5 had blocked an entire lane of the Uppidamoodu-Vanchiyoor road, leading to traffic congestion.
The Court had then asked State officials to explain why they allowed the meeting to take place. It also questioned some other political leaders for similar violations.
During the hearing, the Court took serious note of the fact that such violations were happening repeatedly.
“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 and told the Court that government officers present were offering an unconditional apology. He also assured that such incidents would not happen again.
However, the Court was not convinced.
“Mere tendering of apology is not enough,”
-Justice Narendran said.
The Court also reviewed an affidavit submitted by the Circle Inspector of Police. In this affidavit, the police officer stated that a person named Babu was warned that the December 2024 political event could not take place on a footpath. However, despite the warning, the meeting still happened along with cultural programs.
The Bench expressed disappointment, stating that this showed the police were unable to ensure that laws were followed. Instead of stopping such violations, public officials were allowing political parties to occupy pedestrian pathways, despite clear court orders against such actions.
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The Court then gave the State officials and other political party representatives (including CPI(M) and Congress) three more weeks to submit additional affidavits explaining their actions. They were asked to do so by March 3, when the matter will be heard again.
The Court is also set to hear the case related to MV Govindan tomorrow, February 12.
Govindan had earlier been summoned to the Court but had requested an exemption from appearing personally on February 10 due to prior commitments at the CPI(M) Thrissur District Conference.
The Court accepted his request and exempted him from appearing for the February 10 hearing. However, it ordered that he must appear personally on February 12 at 4 PM.
CASE TITLE:
N Prakash v MV Govindan & ors.
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