'Is This The Rule Of Law We Boast Of?' : Kerala High Court Voices Distress Over Unauthorised Boards, Banners & Flagposts

The Kerala High Court on Monday came down heavily on the Municipalities and Corporations for their enduring inaction over the unauthorised installations such as banners, boards and flag posts around the State. 

Justice Devan Ramachandran expressed his distress over unauthorised installations being put up in blatant violation of law disregarding all orders of the court and the Kerala Road Safety Commissioner on this issue. 

"...it is common knowledge that such installations can cause severe consequences including accidents to both motorists and pedestrians. Therefore, whatever be the reason, the life of citizens cannot be endangered or put to risk."

During the hearing, the Court also orally remarked:

"When someone criticised our state recently, you claimed that Kerala upholds rule of law. Is this the rule of law that we boast of?  When I raise my voice against one party, social media accuses me of favouring the opposite political party. I am not favouring any politics. I am merely giving voice to the concerns of the ordinary citizens of this State. Should one unfortunate citizen meet with an accident for you to implement all these orders? This is absolutely tragic."

Amicus curiae Advocate Hareesh Vasudevan submitted that the situation has not improved despite various Court orders. He added that with an upcoming political meeting(of CPI(M) at Kochi) scheduled soon, the city was flooded with flags and banners even on pedestrian rails.

Standing Counsel C.N. Prabhakaran for Kochi Corporation clarified that although the State had permitted the said party to put up certain installations for their State Conference, it was particularly emphasised not to violate any law. The Standing Counsel affirmed that no permission had been granted to erect them on pedestrian rails or traffic islands. 

Therefore, he submitted that such erections put up in violation of the Kerala Road Safety Commissioner's order dated June 2020 will be taken down by March 5, 2022, and that the party had given an undertaking to that effect. 

Additional Advocate General Ashok M. Cherian instructed by Government Pleader S. Kannan acceded to this position and agreed that all flags, banners and hoardings put up in violation of the said order should be removed forthwith.

The Court also appreciated the stand taken by the Additional Advocate General reiterating that there can only be one law for every citizen which must be equally binding on everyone, including political parties. This Bench had recently made a similar observation dealing with illegal flag posts being put up by political parties around the State. 

"It is ironical that even when the Road Safety Commissioner issued peremptory orders to avoid accidents on account of these illegal installations, the officers concerned turn a blind eye when they are so done by powerful entities. This Court fails to understand how this can ever be permitted especially when the danger to pedestrians and motorists are grave and real should any of the installations fall into the road unexpectedly." 

The Court also pondered over the important question of how these installations will be removed and where they will be disposed of, particularly since the public waste disposal systems are already overwhelmed. 

Recording the submissions of the amicus curiae, the Court deemed it appropriate to issue the following directions:  

• Secretaries of concerned Corporations and Municipalities to file their statement on the issue by the next posting date with the number of illegal boards, flags, banners and other installations in public places and in violation of the Commissioner's order.
• The Kochi Corporation Secretary has been specifically directed to produce all permission and related orders granting political parties to erect such installations and the undertakings claimed to have been submitted by them to remove them. 

The matter will be taken up again on March 8 by which time the Secretaries have been directed to free the public places of the 'menace' of unauthorised installations failing which dire consequences such as personal responsibility shall follow. 

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