How Do Political Parties Have Courage To Defy Judicial Orders? Kerala High Court Slams Rampant Illegal Hoardings

The Kerala High Court has come down heavily on political parties, trade unions and government authorities for the unchecked spread of illegal flex boards, banners, and flagpoles across the State.

It stressed on the urgent need for a cultural shift in how public spaces are treated, lamenting the lack of accountability from those in power.

“How political parties – who are affiliated to the ruling government of State and Centre – can choose to act in violation of the directions of the Court. How they get the strength and courage to do this is startling,” Justice Devan Ramachandran observed orally.

The bench was hearing matters concerning unauthorised bill boards and banners in public places.

It noted that this defiance is fueled by an awareness that enforcement agencies are unable or unwilling to act.

Amicus Curie, Jacob, in his submission, highlighted the extent of the problem. “Violations are rampant in most of the places in Kerala, but very particularly in Thiruvananthapuram,” He reinstated that the situation in KSRTC bus stations and stops are worse.

Senior Government Pleader Shyam Prasad submitted that the government is committed to ensure that unauthorised flag poles, flex boards, etc., are not only removed but are not even allowed to come up, asserting that the government supports all actions taken by local self-government institutions in line with court directions.

However, the court expressed disappointment at the situation within KSRTC stations. While the Standing Counsel for KSRTC admitted that the Transport Secretary has directed the Managing Director to remove unauthorised banners and boards, he also cited resistance posed by the trade unions who installed it.

The court underscored the need to empower local self-government Secretaries to remove unauthorised materials even from KSRTC premises.

The amicus curiae pointed out that no action has been taken by the concerned authorities even though there are hundreds of violations posted in the KSMART application. “The authorities wait until the event is over before even a step is taken to remove the offending articles,” the court added.

While acknowledging minor improvements, the court stressed, “This cannot go on forever.” It urged all political parties to commit to a new cultural standard in Kerala.

“It is only if the political parties fall in line will there be change with respect to other entities like the film industry, religious institutions, etc.,” the court stated.

Regarding KSRTC, the court said, “All its properties are owned by it (KSRTC). They themselves admit that the offending articles are placed by their own employees or trade unions of such persons.”

It was apprised that the Transport Secretary has already instructed a clean-up however, unconvinced by the delays, the Court remarked, “I cannot see why they are refusing to act. This can only mean lack of administrative capacity, which I am sure the KSRTC will not admit.”

The court stated that it has previously called for an audit of KSMART for complaints posted under it. It remarked that except a memo showing the number of complaints and some action taken, the details have not been made available. “What this court wants is an audit and nothing else,” it added.

The Court noted that the Secretaries of local self government institutions are doing a tolerably commendable job. It also observed,

“The generation at present are never guided by the flags and posters on roads but by information they get on their devices. Which are now so ubiquitous that nothing else can replace it. This court cannot understand why the powers do not recognise this. Perhaps, this can only be because they are out of touch with the present times. The resolve of this Court is certainly to create a nava keralam atleast by inculcating a culture, which will foster not only aesthetics but also reduction in the generation of waste. Our public places are now reeling under its impact.”

The court directed the Secretary of LSG to file an audit report on KSMART with specific reference to the action taken on each of the complaints before the next posting.

Case Title - St. Stephen's Malankara Catholic Church v State of Kerala and Others

Case No - WP(C)22750/2018