Kerala High Court Orally Warns Of Action Against People Making 'Personal Attack' On Judge For Ordering Removal Of Unauthorised Flex Boards

“Those people who believe that they can attack a Judge and get away.. ask them to wait for their time. We will go behind them…I want the mission over first. Then we will decide how to deal with these foot soldiers.”

The Court had earlier ordered that fine of Rs. 5000 will be collected for every unauthorised board installed. The Court has been over the years monitoring the progress in removing unauthorized boards, flags, festoon installed in the State.

The Amicus Curiae Adv. Harish Vasudevan informed the Court that there has been substantive progress over the last week in removal of unauthorized articles from public places. Reportedly, Justice Ramachandran has been facing cyber-attack due to his direction to remove these articles. The Judge orally observed that some people who profess to belong to political parties was attempting to attack him. The Court said that they don't want such people to interfere with the ongoing mission of clearing the State of unauthorised installations of boards, flex and such other articles, orally remarking,

“I have never gone against any political party until now. Though, some people, who profess to be the messiah of political parties like to attack me. They are fools. I don't see them. Now, here is a mission. And I want this mission to continue.”

The Court further orally observed that some criticism accuses him of partiality and not minding some boards installed in public place.

“Things are little funny here. Immediately, the criticism comes, “didn't you see that board?” If we pass an order, the authorities are supposed to see all the boards. It's not my job to check all these.”

The Amicus Curiae informed the Court that Secretaries of Local Self Government Institutions and other field staff who are responsible for removing unauthorized board are also attacked. In an earlier order, the Court had ordered that police should give protection to Secretaries from any threat they receive for following the orders of the Court.

Sharmila Mary Joseph, Principal Secretary of Local Self Government Department appeared before the Court through video conference and informed the Court that around 1 Lakh articles were removed in the previous week. The Government had issued circulars directing Secretaries of Local Self Government Institutions and the squads under them to remove unauthorized installations in their area. The Amicus informed the Court that though the mission progressed rather successfully, around 9 tonnes of material is collected from Trivandrum and 10 tonnes of articles were collected from Kochi.

The Amicus submitted before the Court that disposal of this waste is going to be a difficult task. He emphasized on the need to follow through the earlier orders of the court on collecting fine and registering FIR against persons who are putting up unauthorized boards. The Court observed that most of these materials are toxic and specialized agency will be required to handle it.

The Court noted that the State has been facing the 'vagaries of nature' and the ecological issue caused by these boards cannot be ignored. The Court emphasized on the accident caused due to unauthorized installation by occluding vision or creating distraction for the people on the roaf. The Court noted that many of these flags and boards are tied on handrails of footpath and medians in the road causing dangerous situations in the road.

The Court directed the Secretaries to collect fine and register FIR against persons responsible for any unauthorized boards installed in their area. The Court added that if they fail to do that, fine will be collected from them personally. The Court asked the State Police Chief to issue circulars to all Station House Officers regarding registration of FIR when any Secretary approach the station for it. The Court added that if any Station House Officer does not do so, he will be held personally responsible.

The case will be further heard on January 8, 2025.

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

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