Putting Up Boards Of Temples, Churches Or Mosques On Busy Roads Is Not Religious Practice: Kerala High Court

The Court criticized the administration for being unable to follow the Court's direction and remove all the unauthorised boards from the cities. The Court observed that judiciary can be effective only if the administration is good.

“There's hardly anything that can be done if the official machinery continues to be either deliberately or otherwise indifferent or inactive.”

The Court said that the boards are mainly of political parties and religious places. The Court remarked that nobody can claim putting up boards is a religious practice.

"Religious board are kept- temples, churches. nobody will do anything out of fear. Anyways, these boards are not religious practice. That's for sure. It is not a religious practice to keep a board of a temple, mosque or church in a busy thoroughfare. That we know. That we can say without fear"

The Court remarked that the Secretary of Local Self Government institutions are scared to follow the Court's order. It added that they are scared that if they remove the board of a political party, they will be attacked. They Court observed that they are scared of political parties not in power also, thinking that the party might come to power in future.

The Court also said that they are not scared of courts as the Court only deal with things in a civilized manner. The Court saying that it will put Court's might behind the secretary asked the police to give protection to the Secretaries from any threat they receive for following the orders of the Court in this case. The Court also asked the police to take the miscreants to task and proceed against them as per law.

The Court further said that it was not against advertisements. However, the Court observed that many of these boards are kept dangerously or causing inconvenience to the public.

The Court observed that many of these boards are kept on the handrails of the road. The public cannot use the handrails built with their money. Flags are tied on these handrails. Sometimes, the flags become loose and they bend towards the road.

The Court said that motor vehicles have to drive by evading these flags and they risk an accident. The Court also noted that many of the big boards are bent. The Court said if a good wind comes, this might fall upon some person. The Court also remarked that the administration will then pay a compensation of Rs. 10 Lakh and think everything is over.

The Court said that these people are continuing old practices without even thinking. The Court remarked kids nowadays get their information from social media and not from these boards. The Court challenged the State to get public opinion on whether they want these boards or not.

“99% people are not in approval of this. You ask anybody. You have a referendum. Let the referendum say. Let people say let there be boards”, the Court remarked orally.

The Court had earlier ordered that fine of Rs. 5000 will be collected for every unauthorised board installed. The Court enquired whether the fine can be increased. The Court pointed out that small boards and huge flexes cannot be fined equally.

The Court asked the Secretary of Local Self Government Institution to be appear before the Court online for an interaction. The Case is posted for 11^th of December.

Case Title: St. Stephen's Malankara Catholic Church v. State of Kerala & Ors.

Case No: WP(C) No. 22750/ 2018