The Kerala High Court has unequivocally stated that neither the ruling coalition nor the opposition parties have the right to obstruct public roads and footpaths for political meetings. This decision emerged from a plea addressing the Communist Party of India (Marxist) or CPI(M)’s recent public gathering in Thiruvananthapuram, which blocked major roadways, leading to significant public inconvenience.
Justices Anil K. Narendran and Muralee Krishna S of the Kerala High Court highlighted the misuse of public spaces during the CPI(M)’s area conference held on December 5 outside the Vanchiyoor court complex. The event caused traffic disruptions, particularly affecting school children, infants, and the elderly. Observing that the government holds roads in trust for the public, the court labeled the incident a “clear case of breach of trust.”
During the proceedings, the court scrutinized news videos showing that the stage for the meeting was constructed over a pedestrian crossing, completely obstructing one side of the roadway. The court criticized the police for their inability to identify and take action against the CPI(M) leaders and members visible in these news reports, questioning why their vehicles were not seized.
The court directed the Station House Officer (SHO) of the Vanchiyoor police station to submit a detailed report by December 16, identifying those involved in the meeting. It stressed the importance of the police being able to perform their duties without bias towards any political faction.
Further, the court pointed out that the following day, a dharna organized by an affiliate of the CPI similarly flouted judicial directives by obstructing footpaths and part of the road outside the state secretariat. This incident, too, is under the court’s scrutiny for potential legal action.
The bench firmly stated, “This is not something that can be taken lightly. There can be no special criteria for the ruling front or the opposition.” The ruling party’s acknowledgment of the road blockade as “avoidable” and a “mistake” by CPI(M) MLA and Thiruvananthapuram district secretary V Joy did little to mitigate the court’s concerns.
In response to the incidents, the police had registered a case on December 5 under various provisions of the Bharatiya Nyaya Sanhita (BNS) for blocking the road, unlawful assembly, and violation of court orders. Approximately 30 individuals were arrested and later released on station bail, as the alleged offenses carry a maximum punishment of less than 7 years. The police also seized materials used to construct the stage, indicating some level of enforcement following the event.
