'Cheap Publicity Stunt, Judges Are Not Puppets': Kerala High Court Pulls Up Petitioner Who Filed A Second Plea Alleging Violation Of Covid-19 Curbs By Political Parties

The Kerala High Court on Friday lashed out at an advocate clerk for filing a second Public Interest Litigation (PIL) alleging violation of the order issued by Chairperson of State Disaster Management Authority imposing restrictions on political gatherings in the State.

Calling it a 'cheap publicity stunt', a Division Bench of Justice Vinod Chandran and Justice C. Jayachandran pulled up the petitioner and warned him of dire consequences if this was repeated in future. 

"This is nothing but a cheap publicity stunt. Just because last time we gave you an interim order doesn't mean we will encourage such feats every time. Judges are not your puppets," a clearly enraged Justice Vinod Chandran orally remarked. 

Notably, the same petitioner had moved another PIL last month challenging the revocation of the Collector's order imposing restrictions to mitigate the resurgence of COVID-19 cases in the Kasargod district ahead of the CPM District Meet. 

This bench had then issued an interim order which was later made absolute barring all public gatherings exceeding 50 individuals in the Kasargod district citing the increasing number of Covid-19 cases. The State had moved an appeal in this matter and this is pending before the Chief Justice. 

In the new PIL, the grievance of the petitioner was that the effect of the said interim order was only restricted to the Kasargod district. He contended that the said order of the Chairperson was still in effect and that all political and public meetings must follow the guidelines stated therein. 

Further, it was contended that most political parties and other organizations in the State were still conducting public meetings with a huge number of people. It was also pointed out that the State recently witnessed several political murders and protests conducted by major political parties aggrieved by murders without following the guidelines in Ext.P2.It is evident from print and visual media. 

This new petition was filed today and listed as an urgent matter. Accordingly, the Division Bench which was supposed to wind up its hearings by 1 pm resumed hearing in the afternoon as well. 

However, upon going through the petition, Justice Vinod Chandran opined that this was 'nothing but a clear case of forum shopping' and that the petitioner had cleverly moved this as an urgent matter deliberately since the Chief Justice Bench was on leave today. 

Advocate V. Ayyappadas appearing for the petitioner acceded to withdrawing the PIL when the Judge warned of imposing costs and stripping the petitioner of his registration if he chose to proceed with it.  

Although the Court was adamant about imposing costs on the petitioner, due to repeated requests from the counsel, it restrained itself from imposing costs

Case Title: Arun Raj P v. State of Kerala & Ors

Click Here To Read/Download The Petition