Kerala High Court summons CI over CPI(M)'s MV Govindan flouting order on roadside political meetings

The Kerala High Court on Tuesday ordered the Circle Inspector (CI) of Police at Vanchiyoor, Thiruvananthapuram to appear personally before it and explain why the police did not act to prevent road obstruction allegedly caused by a December 5 political meeting of the Communist Party of India (Marxist) [N Prakash v MV Govindan Master & ors]..A Division Bench of Justices Anil K Narendran and Muralee Krishna S has instructed the Additional Advocate General to inform the CI, Girilal D, to appear in person and explain the lapse. "We deem it appropriate, to direct the circle inspector of police, the 4th respondent, shall be present personally in Court along with the relevant documents, to explain the facts and circumstances, on Thursday (December 12). Listed day after tomorrow at 2 PM," the Bench ordered..The Court passed the order on a petition filed by one, N Prakash who has sought contempt of court action against the CPI(M) State Secretary MV Govindan Master after the political party allegedly blocked a public road during its Palayam area conference on December 5.Prakash pointed out that such road obstructions by political parties violate a 2010 judgment (Khalid Mundappilly v The Executive Engineer) of the High Court, whereby it had prohibited public meetings on roads and road margins..The Court today noted that similar concerns of inconveniences caused by rallies in public spaces were raised in the 2021 case of Trivandrum Chamber of Commerce and Industry v State of Kerala & Ors as well. The Bench observed that a circular was also issued by the local self government in August 2021 to ensure that corrective measures were taken.The Court questioned why these measures were yet to be properly enforced."What happened to this circular? Is it in cold storage? Even shamyanas are being put up on the footpaths for different classes of protestors with political backing, whether ruling or opposition," the Bench lamented.The Court added that such larger issues may have to be examined and granted the Additional Advocate General time to get instructions from the State.The case has been posted for further hearing on December 12. .In the contempt petition against the CPI (M)'s State Secretary, the petitioner Prakash submitted that a stage was constructed for the CPI(M) meet on the road in front of the Vanchiyoor Court complex and police station, in blatant violation of the High Court's 2010 ruling. He added such blocking public roads violated the fundamental rights of citizens who wished to use the road under Articles 19(1)(d) and 21 of the Constitution.He also accused the concerned authorities of failing to enforce the Court's directions against such political meetings on public roads, leading to repeated violations. Therefore, he also sought action against the concerned authorities, naming the State Police Chief Dr. Shaik Darvesh Saheb, Inspector General of Police P Sparjan Kumar and CI Girilal as additional respondents. .[Read Order]