INSTITUTE OF SOCIAL WELFARE Vs. STATE OF KERALA

JUDGEMENT

(1.) W.P.C. is filed for appropriate direction to respondents 1 to 3 to take immediate steps to restrain demonstrations/processions and rallies in Kochi City with the participation of more than 500 persons. Further direction sought against the very same respondents is to invoke the powers of Section 144 Cr.P.C. to restrain any procession or demonstration which is likely to violate conditions imposed by a Full Bench of this Court in Ext.Pl judgment Peoples Council for Social Justice v. State of Kerala., 1997 2 KerLT 301 Even though Writ Petition is filed more than six months back respondents have not chosen to file counter affidavit. We do not think this matter can be kept pending any longer because issues raised are essentially covered by Ext.P1 judgment of Full Bench of this Court. Counsel for the petitioner has relied on Ext.P7 which is a counter affidavit filed by the then Commissioner of Police wherein paragraph 5 states as follows:

(2.) It is respectfully submitted that the Marine Drive Ground has an area of only 2,57,000/- square feet. A person requires an area of 5 square feet to stand and attend the public meeting. Thus the above ground can accommodate only 51,400/- persons. If 3 lakhs persons arrive as anticipated, 2,48,600 persons will overflow to the streets leading to complete traffic blockade. It is respectfully submitted that the entire area of Banerjee Road will be insufficient to contain the above crowd.

(3.) We are in complete agreement with the view expressed by Police Commissioner that if people in excess of the capacity of the ground where they assemble are allowed entry in the City, the same will lead to complete confusion and blockade of roads. We therefore feel one another condition is required to be added to Ext.P1 judgment, that is, the applicant who seeks permission to hold meeting or procession should state the approximate anticipated number of persons participating the meeting or procession and the ground or place where they are going to assemble. The Police Commissioner or Superintendent of Police, or the Police Officer concerned, should assess the capacity for comfortable entry and seating of people in such ground and permission to hold procession or meeting should be issued only to so much of the number of persons and police will ensure that entry to the City is limited to such number of persons. In fact at entry levels in the City, police can provide checking of vehicles so that unnecessary vehicles can be prevented. The above shall be in addition to the directions contained in Ext.P1 judgment which shall be followed by respondents 1 to 3.