Illegal Flexes, Bill Boards, Advert Boards, Banners, Flags: Kerala HC Tells Authorities To Proceed Against Violators, Including Political Parties[Read Order]

The High Court of Kerala has called upon the authorities concerned to take strong penal action against violators, including political parties, who make unauthorized installation of illegal flex boards/billboards/advertisement boards/banners/flags.

The court issued such an ultimatum after observing that violations being done out by persons, especially from the ruling political front, unabated despite orders from court amounts to 'fence eating the crop'. Justice Devan Ramachandran voiced his concern over the same as follows: “This is a frightening scenario because if the parties in power violate orders, then there will be no control over the others. Since citizens look up to these political parties for direction and this is the manner in which they guide the citizens, the less said the better for the State.”

The court thereupon suo motu impleaded the State Police Chief, national and state election commissions, as necessary parties to the matter to effectively curb the above illegal activities of the political parties. The court further arraying the Chief Secretary to the case directed him to file an affidavit appraising the present scenario and measures taken to implement the earlier orders of the Honourable court. Justice Ramachandran opined thus: “I am also of the opinion that the Chief Secretary of the State of Kerala has to be made a party in these matters because, when it comes to violations by the ruling party or coalition, it will be unfair on my part to find fault with Authorities of the Local Self Government Institutions, who are acting under a lot of duress and being without any protection from the aftermath of their legitimate actions.”

Faced with such a piquant situation, the court ordered the above authorities to take strong penal action against such perpetrators under the strictest mandate of law. Justice Devan ordered as follows:“Prima facie, I am of the view that to control this menace, every unauthorized Flex board/Bill Boards/Advertisement Boards/Banners/Flags etc. should be charged under the provisions of the Police Act as well as Indian Penal Code and the perpetrators of such be proceeded under the strictest mandate of Law.”