Court's Patience Should Not Be Treated As Its Weakness: Kerala High Court Warns Govt On Issue Of Unauthorized Banners In Public Places

The Kerala High Court today directed the Secretary of Industries Department to file an affidavit before 1.45 PM on Wednesday, in the matter pertaining to illegal installation of boards and banners at public places in the State. It added that on failure of the Secretary to do so, he ought to be present in person to give explanation for the same. 

Justice Devan Ramachandran, observed, 

"This Court, until now, has been acting with great equanimity and patience. However, this is now being taken as weakness. Perhaps, the time has come for this Court to prove otherwise". 

During the hearing today, it was submitted by the Amicus Curiae Advocate Harish Vasudevan, that in Trivandrum city, there was blatant violation of the orders of the Court. 

"Ninety percent of the boards are from Government agencies with the head of the Chief Minister, the Ministers, the constitutional and statutory authorities. In the name of a religious festival, the entire city was flooded with festoons yesterday. I don't know if it has been removed today", he submitted.  Advocate Vasudevan submitted that it might be 'high time' to initiate contempt against the authorities. 

The Court wondered at this juncture, "when the government agencies are doing this, what kind of message are we giving out? What kind of image and impression are we creating"?

The Court further took note that the government department was also not filing an affidavit in the matter, despite orders in this regard. 

"The Government cannot think that it is divorced from the people. Government is the people. People are the Government. There is no difference between the people and the Government", the Court reminded stressing that there ought not to be any dichotomy between the Government and the people, while noting that the Government itself erects the boards which are then removed by the Corporation.

The Court also wondered how flex boards could be erected while the matter was still pending in the Court.  "This is extremely ludicrous when we're talking about this and the Government does it", the Court reprimanded. 

"I don't know what kind of an idiosyncrasy we are seeing, when the Government itself violates every one of the rules", it added. 

The Court thus expressed hope that the people also ought to come out against the same, and not wait for the Court to take care of the matter. "What can the Court do when the people are also silent?", the Court questioned. 

The Court also noted that a Committee had been created, but for what reason, in such circumstance. 

"Are we understanding the scale of ludicrousness that we are now watching? I don't think the people understand that. The Government issues the orders, notices saying this should be removed, and they themselves put up all this with the head and face of the highest authorities of the Government", it observed.

"This Court has been acting with equanimity. This is now being treated as weakness. There cannot be greater equanimity and patience than that shown by this Court. The Secretary, Industries Department is acting in a way that he can do anything", it added. 

Advocate Shyam Prashant, in this regard, sought two days time for the Secretary of the Industries Department to file an affidavit. 

The Standing Counsel for the Trivandrum Corporation also submitted that even though boards, banners, and festoons were being removed, new ones were being put up. He submitted that unless the police also intervened, nothing could be done by the Corporation. 

The matter has been posted for further consideration at 1.45 pm on Wednesday. 

Case Title: St. Stephen's Malankara Catholic Chruch v. State of Kerala