SANKARANARAYANAN Vs. STATE

JUDGEMENT

(1.) These Original Petitions have their genesis in letters addressed to the Chief Justice by five different citizens. The problem highlighted is seemingly quite an ordinary one - how far shall organised strength of people seek to strangulate the ordinary civil rights of others? What can be done to mitigate the agony of citizens trapped in populous urban centres, the thoroughfares of which are invaded by massive processions and demonstrations-political, religious or otherwise? Should lawlessness be the law when large numbers are involved?

(2.) The letters were ordered to be treated as original petitions. Notices were ordered to the Secretary Home (B) Department and the Advocate General, with a copy of the petition in the first of the Original Petitions, requiring the Government to file a statement indicating their stand with respect to the manner in which the Government proposed to tackle the problem resulting from blocking of roads to facilitate processions conducted in cities by political parties, religious congregations, trade unions etc. so as not to obstruct the right of others for passage along the streets. In O.P. No.1162 of 1984 notice was issued on 10-2-1984. Shri T.P. Kelu Nambiar, Advocate, was requested to assist the Court to find a way to reconcile the conflicting rights of the urban citizenry when a mass demonstration attempts to paralyse its normal life. The other three Original Petitions were ordered to be posted along with O.P.Nos.779 and 1162 of 1984. The matter again came up for hearing on 19-7-1984 and 23-7-1984. The Home Secretary was required to file a counter-affidavit with copy to counsel Shri T.P. Kelu Nambiar.

(3.) In the counter-affidavit filed on behalf of the Government of Kerala, it was stated, that "the Government has taken a decision and instructions have been given to the police authorities to regulate as far as practicable the Jathas of political parties or labourers or religious organisations in such a way as not to obstruct or in any other way interfere with the public using the road in vehicles as well as on foot. The police will be vigilant as to keep up these instructions issued by the Government and these directions will not infringe the Constitutional provisions in any way, but on the other hand, these directions will preserve the Constitutional rights of every citizen to use the public road and public place for the purpose for which it is meant".