The Kerala High Court on Wednesday observed that putting up unauthorised boards and banners in public places cannot be claimed as a religious practice by anyone [St Stephen's Malankara Catholic Church Kattanam Village v State of Kerala]..Justice Devan Ramachandran came down on the authorities for turning a blind eye to such illegal installations, whether it be out of fear or out of an assumption that it is a religious practice. "When religious (places) keep boards and banners in public places, everyone turns a blind eye out of fear. Putting up boards like that is not religious practice for sure. Putting up boards of temples, churches or mosques in busy thoroughfare is not a religious practice. We know at least that much and we can say that without fear," Justice Ramachandran orally remarked. .Putting up boards of temples, churches or mosques in busy thoroughfare is not a religious practice..The High Court was considering a batch of cases dealing with the issue of illegal billboards, flexes and banners on roads and other public spaces. In an earlier order, the Court had urged the authorities to impose a ₹5,000 penalty (as prescribed under the Kerala Municipality Rules) for each illegal installation in public spaces.However, the Court noted this week that the practice has continued unabated, especially when it comes to those put up by politicians and political parties. "How can pictures of Ministers be kept on boards like this? Have you received fines from any of the political parties responsible? I have no problem with political parties, temples, mosques, etc. having advertisements legally. But why on the guardrails and medians? Car (drivers) should be able to see the roads properly. Ninety nine percent of the general public also don't approve of it. These secretaries (of local self government institutions) are more scared of the people who put these boards than the court because we are trying to handle it in a civilised manner," Justice Ramachandran observed. .However, it also noted that the secretaries of local self government institutions, who were tasked with imposing fines, may be fearful of repercussions for acting against the interests of political parties. "(The government) says it is for secretaries of local government institutions to do it but can you give it to me in writing that if they get these boards removed, they won't be attacked or punished? We spend lakhs and crores of rupees to beautify public areas but none of it can be seen because they are covered in boards and flags. These are attached with plastic threads also...You should have gotten at least 50 lakh fine by now. Have you gotten fines from any political party? You fear only them, not us...Are we governed by fear or by law?" Justice Ramachandran remarked. .Are we governed by fear or by law?.The Court, therefore, passed an order reiterating that it would hold the secretaries personally responsible if the practice is not curbed.The Court also directed the police to take action if the secretaries report of receiving any threats. In order to discuss the situation further, the Court directed the Secretary of the Local Self Government Department of the State to be present online for the next hearing. .[Read Order]
