'Mahapadayatra' Can Be Conducted Only With 600 Identified Farmers : Andhra Pradesh High Court

The Andhra Pradesh High Court refused to modify restrictions imposed by it on 'Maha Padayatra' announced by Amaravati Parirakshana Samiti.

The Samiti had announced 'Maha Padayatra' from Amaravati to Arasavilli for expressing their protest against the proposed establishment of three capitals in the State of Andhra Pradesh.

In an order passed last month, the High Court had issued the following directions:

i) The 1st petitioner-trust is permitted to take out the procession only with 600 people, who shall be the farmers.

ii) The names and details of these 600 persons are to be furnished to the 2nd respondent, by the evening of 09.09.2022..

iii) The procession shall be carried out peacefully without violence, without usage of abusive language or comments against the authorities, who are at the helm of affairs of the State.

iv) The 1st petitioner shall not allow any other person to participate in the procession on their way to Amaravati to Arasavilli. 

v) However, other persons shall be at liberty to express their solidarity to the farmers in a peaceful manner.

vi) The 2nd respondent is to grant permission to the 1st petitioner to conduct Padayatra, as per the route map and the schedule submitted by the 1st petitioner, imposing reasonable restrictions and conditions.

vii) The 1st petitioner would also be permitted to exhibit Sri Venkateswara Swamy idol in front of the procession and also be allowed to carry on the vehicle, L.E.D. screen and the bio-toilets for the use of the participants of the procession.

viii) The 1st petitioner-trust would be permitted to use hand mike sets during their procession but should not hold any public meetings on their way to Amaravati to Arasavilli.

Later, by another order, the bench clarified that the procession of the Padayatra cannot consist of more than 600 persons whose details have already been furnished to the 2nd respondent. Any person seeking to express solidarity, as permitted by this Court, would have to express such solidarity only from the side lines and not by joining the procession, it was directed.

Samiti then filed an application seeking modification of these directives contending that Article 19 of the Constitution of India permits the petitioners to conduct a Padayatra without having to obtain any permission from any authority. They sought permission to (1) Permit cycling of 600 persons who were permitted to participate in the Padayatra (2) permit anybody to express solidarity by either marching in front of the Padayatra or behind the Padayatra with a clear space between the two sets of people.

Justice R. Raghunandan Rao observed that the right conferred under Article 19(1)(a) and (b) of the Constitution of India is subject to the restrictions contained in Article 19(6) of the Constitution of India apart from authorising the appropriate authority to impose reasonable restrictions in the interest of public order.

The bench clarified that any person can express solidarity in any manner he / she chooses, provided the said expression of solidarity does not contravene any of the directions earlier issued including the stipulation that the padayatra will be conducted only by the 600 identified farmers. The request to permit the persons to participate in the padayatra, by cycling, would also amount to a modification of the directions of this court and would not be permissible, the court added.

Case Title: Amaravati Parirakshana Samiti versus State of A.P.

Citation: 2022 LiveLaw (AP) 136