Right To Agitate Does Not Give License To Block Public Roads Or Footpaths: Kerala High Court Observes

“Any person can have the agitations in an appropriate way, but that will not give a license to put up stages on the public road or even on the pedestrian facilities provided on the road”, Justice Anil K. Narendran orally observed.

The Division Bench of Justice Anil K. Narendran and Justice Muralee Krishna S. was considering the contempt case filed in aftermath of the CPI(M)'s Palayam area conference, held in Vanchiyoor reportedly blocking one half of the road. Since then, Court also took notice of other incidents that were held blocking passage of vehicles or pedestrians on the road/ footpath. The Court had issued notice of appearance to CPI(M) leaders, Congress leaders and State officials involved in these incidents.

On February 07, the Court had allowed CPI(M) State Secretary MV Govindan Master to appear before it on 12^th February, instead on 10^th. Other leaders so summoned were present before the Court today. Addressing them, the Court said it was informed that the meeting on Vanchiyoor road was conducted despite the Circle Inspector proscribing them to meet on public street.

It reiterated the importance of not blocking roads or footpaths to conduct any meetings or agitations and directed the respondents to file affidavit in 3 weeks.

“When accidents are on the higher side, you can't force the public to move through unsafe circumstances. When they are provided with a footpath. And you might have also seen different tiles passing through the footpath. That is intended for people with vision problem”, the Court observed orally.

Personal appearance of all those who appeared before the Court was dispensed with for the time being.

The case is next posted on 3^rd March.

Case Title: N Prakash v M V Govindan Master

Case Number: Con Case (C) No. 3252/2024