HC declares as unconstitutional holding demos on roadsides

KOCHI: Kerala High court Thursday struck down the provision of a government Act permitting holding of demonstrations and processions on roadsides and declared it as "unconstitutional, inoperative and void", but allowed conduct of religious and national festivals on road margins.


A Division bench, comprising justice C N Ramachandran Nair and Justice P S Gopinathan, declared as unconstitutional sect 5 (1)c of The Publicways (Restriction of Assemblies and Processions) Act 2011, which came into effect on February 18 last year. The order was issued on a batch of petitions challenging the validity of the Act.


The act, brought in by the previous CPI (M)-led LDF in the wake of prohibition imposed by the High Court in conducting processions and assemblies on road margins, had been passed unanimously in the assembly. According to 5(1) c, processions can be conducted with reasonable restrictions with prior permission of district police chief. The bench declared this provision unconstitutional, inoperative and void. However, the court did not interfere into 5(1) a, and 5(1) b permitting religious and national festivals on roads.


The bench held that the festivals should be conducted on one side of the road. The judges opined that "so far as as Attukal Pongala (festival) is concerned it cannot be contained in the temple compound or places around it. There is nothing wrong in the pongala lines stretching to Kanyakumari in south or go straight in the opposite direction to the National highway to Attingal or beyond". But full road blockades should not be permitted, the court held.