'There Can't Be Two Laws; One For The Powerful, Another For The Ordinary' : Kerala HC Pulls Up State Over Illegal Flag Posts By Political Parties

The Kerala High Court on Monday lashed out at the State government for its incapability to prevent unauthorised flag masts being erected at different parts of the State by political parties, despite its specific and repeated orders against the same.

Justice Devan Ramachandran reiterated that every flag post put up without the requisite permission is illegal and that influential people should not be allowed to get away with it. 

"It must be borne in mind that every flag pole which is installed without permission is illegality and cannot be disregarded just because it is done by powerful people or political parties. That cannot be countenanced. You would not allow an ordinary citizen to get away with it. There cannot be two laws, one for the powerful and one for the ordinary," the Court remarked.

Additional Advocate General Ashok M Cherian and Senior Government Pleader S Kannan submitted that though the State machinery was resolved to regulate flag poles and ensure no new ones come up without permission, it needs time to ensure that all stakeholders are on board with that plan.

The Judge added that it was worrying that the State could not even provide assurance to the court that no new illegal flag poles would be set up in future. It was also observed that instead of supporting an initiative started by the High Court, the State was doing nothing.

The State had earlier sought three months to draw up a policy to regulate illegal flag poles but when the matter was taken up on Monday, it sought more time to prepare a draft. Enraged by this, the Court observed:

"When the executive asks for time from the judiciary, there should be a sincerity attached to it." 

Nevertheless, the Court granted time till March 28 emphasising that it expected a well-drafted policy by then.

The Single Judge was adjudicating upon a petition filed by a cooperative society represented by Advocate R.T Pradeep seeking police protection to remove flag posts that were allegedly put upon their property by political parties.

In November 2021, the court passed an interim order directing that no illegal flag poles or masts be put up in the state while the issue was being examined by it and directed a survey be conducted to detect the number of illegal flag posts erected in the State without obtaining the requisite permission.

Later that month, surprised by the results of the survey, the Court had issued strict instructions to the State to ensure that no new unauthorised flag posts are installed in the State and to remove the already existing ones within a period of 10 days.

Thereafter, in December, the Judge had directed the respective District Collectors to initiate action against unauthorised flag masts in the State under the relevant provisions of the Kerala Land Conservancy Act.

Case Title: Mannam Sugar Mills Cooperative Ltd v. Deputy Superintendant of Police