Supreme Court Requests Bench Led By AP HC Chief Justice To Hear Challenge Against Govt Order Restricting Public Meetings On Roadsides

The Supreme Court on Friday refused to interfere with Andhra Pradesh High Court order staying the Govt Order which restricted public meetings on roadsides, having regard to the fact that the petition is posted for hearing before the High Court on January 23.

The Court also requested that a division bench led by the Chief Justice of the High Court take up the matter.

Senior Advocate CS Vaidyanathan, appearing for the State of Andhra Pradesh, took objection to the vacation bench of the High Court passing the order on an urgent basis when the matter was mentioned during the vacation.

The bench comprising Chief Justice DY Chandrachud and Justice PS Narasimha said that since the matter is posted on Monday, it will not interfere with the order at this stage.

"Mr Vaidhyanathan submits that the Writ Petition was mentioned before a DB of Andhra Pradesh in winter vacations. He states that the DB should not have assumed jurisdiction since no matter pertaining to policy can be taken during vacation...We are not enquiring into the merits of the grievance at this stage. However we request a division bench led by the Chief Justice of Andhra Pradesh High Court to take up this matter and hear on 23rd Jan 2023", the bench stated in the order while disposing of the State's petition.

Senior Advocate Kapil Sibal appeared for CPI State secretary K Ramakrishna who challenged the Govt Order before the High Court.

Background

The subject matter of the dispute is GO No.1 issued by the State Government to restrict public meetings, after 11 people lost their lives in two stampedes during events addressed by TDP chief N Chandrababu Naidu.

CPI State secretary K Ramakrishna had challenged GO 1 in the High Court stating that it amounted to "blanket ban" on public meetings resulting in the infringement of the right to people’s freedom of expression.

A Division Bench of the High Court, comprising Justices Battu Devanand and V.R.K Krupa Sagar, stayed operation of the G.O. till January 23. Challenging the High Court order, the State filed Special Leave Petition before the Supreme Court contending that a regulatory measure was needed so as to avoid loss of lives in stampede-like events. The State denied that there was a blanket ban and contended that GO only merely advised the police to refrain from granting permission for public assemblies on public roads and road margins, unless there are exceptional circumstances.

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