Kerala High Court Orders Contempt Proceedings Over Obstruction of Public Roads by Political Rally

The court emphasizes the statutory duty to maintain unobstructed public roads and pedestrian pathways, issuing notices to political leaders for alleged contempt.

 In a significant ruling, the Kerala High Court has initiated contempt proceedings against respondents involved in a political rally that allegedly obstructed public roads in Kannur. The Division Bench, comprising Justices Anil K. Narendran and Muralee Krishna S., emphasized the prohibition against holding public meetings on public roads and road margins, citing potential dangers to road users, including pedestrians, children, and the elderly.

The case arose following a protest organized by the Communist Party of India (Marxist), where public roads were reportedly blocked, causing significant disruption to traffic. The petitioner, N. Prakash, appearing in person, argued that the rally violated previous court orders prohibiting such obstructions. The court, after reviewing the evidence, including video clippings and media reports, found a prima facie case for contempt proceedings.

The court highlighted the statutory responsibilities under the Kerala Municipality Act, 1994, mandating the removal of any structures causing obstruction in public streets without prior notice. It reaffirmed the position that all public streets and roads vest in the State as a trustee on behalf of the public, necessitating their unobstructed maintenance.

The ruling underscores the judiciary's commitment to enforcing road safety and the free movement of traffic and pedestrians. The court issued notices to key political figures involved in the rally, demanding explanations for their actions. The matter is scheduled for further hearing, with the court keenly observing the adherence to its directives aimed at ensuring public safety.

Bottom Line:

Contempt of Court - Prohibition against holding public meetings on public roads and road margins - Violation of court orders - Directions issued for ensuring free movement on public roads and pedestrian safety. 

Statutory provision(s): Contempt of Courts Act, 1971 Section 12, Kerala Municipality Act, 1994 Sections 369 and 372, Kerala Public Ways (Restriction of Assemblies and Processions) Act, 2011 Section 5(1).

N. Prakash v. M.V. Jayarajan, Manaveeyam, (Kerala)(DB) : Law Finder Doc Id # 2789483