IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR & THE HONOURABLE MR. JUSTICE P.S.GOPINATHAN TUESDAY, THE 22ND JUNE 2010 / 1ST ASHADHA 1932 WP(C).No. 2636 of 2010(S) ------------------------- PETITIONER(S): --------------- INSTITUTE OF SOCIAL WELFARE, REP. BY ITS SECRETARY MAJOR M.G.C.NAIR (RETD.), 407, BRINDAVAN APARTMENTS, VYTTILA, ERNAKULAM. BY ADV. SRI.P.B.SAHASRANAMAN SRI.T.S.HARIKUMAR SRI.K.JAGADEESH SRI.P.D.GEORGE RESPONDENT(S): --------------- 1. STATE OF KERALA, REP. BY ITS PRINCIPAL SECRETARY, HOME DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM-695 001. 2. THE DISTRICT COLLECTOR, COLLECTORATE, KAKKANAD, ERNAKULAM. 3. THE COMMISSIONER OF POLICE, SHANMUGHAM ROAD, ERNAKULAM. ADDL. 4. BAISIL ATTIPETTY ALIAS BASIL, A.G., ATTIPETTY HOUSE, NAYARAMBALAM P.O., ERNAKULAM DIST. ADDL. 5. THE BHARATHIYA JANATHA PARTY, REPRESENTED BY IT'S DISTRICT PRESIDENT, DRAWPADI BUILDING, M.G. ROAD, KOCHI 11 ADDL. 6 THE INIAN NATIONAL CONGRESS COMMITTEE (I), REPRESENTED BY ITS DISTRICT PRESIDENT, "CHAITHANYA", HOSPITAL ROAD, ERNAKULAM. ADDL. 7. COMMUNIST PARTY OF INDIA (MARXIST), LENIN CENTRE, KALOOR, COCHIN 18 REPRESENTED BY ITS DISTRICT PRESIDENT. ADDL. 8. INDIAN UNION MUSLIM LEAGUE, REPRESENTED BY ITS DISTRICT PRESIDENT, MARKET ROAD, KOCHI 31. ADDL. R4 IS IMPLEADED AS R4 VIDE ORDER DATED 4.3.2010 IN I.A. 2945/10 ADDL R5 TO R8 ARE IMPLEADED AS SUCH VIDE ORDER DATED 19.3.2010 IN I.A. NO. 1458 OF 2010 R4 BY ADV. SRI.BAISIL ATTIPETTY (PARTY IN PERSON) R1 TO R3 BY GOVERNMENT PLEADER SRI. LAKSHMI NARAYANAN SRI.V.E.ABDUL GAFOOR FOR R8 SRI.A.MOHAMMED SAVAD FOR R8 SRI.N.C.MOHANAN FOR R7 SRI.T.P.RAMACHANDRAN (THACHETH) FOR R7 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 22/06/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: 2 APPENDIX PETITIONER'S EXHIBITS: EXT.P1 TRUE PHOTOSTAT COPY OF THE JUDGMENT IN OP NO. 7827 OF 1994 DATED 28.7.1997 EXT.P2 TRUE PHOTOSTAT COPY OF THE NEWS REPORT APPEARED IN THE MATHRUBHOOMI DATED 15.11.1997 EXT.P3 TRUE PHOTOSTAT COPY OF THE NEWS REPORT APPEARED IN THE NEW INDIAN EXPRESS DAILY DATED 15.7.2000 EXT.P4 TRUE PHOTOSTAT COPY OF THE NEWSPAPER REPORT APPEARED IN THE MALAYALA MANORAMA DAILY DATED 8.8.2000 EXT.P5 TRUE PHOTOSTAT COPY OF THE CIRCULAR 9/2000 DATED 25.8.2000 EXT.P6 TRUE PHOTOSTAT COPY OF THE NEWS REPORT APPEARED IN THE SUNDAY EXPRESS (INDIAN EXPRESS) DAILY DATED 11.3.2001. EXT.P7 TRUE PHOTOCOPY OF THE COUNTER AFFIDAVIT FILED IN WPC 35711 OF 2003 DATED 17.11.2003 EXT.P8 TRUE PHOTOSTAT COPY OF THE REPORT APPEARED IN THE HINDU DAILY DATED 22.1.2010 EXT.P9 TRUE PHOTOSTAT COPY OF THE NEWS PAPER REPORT APPEARED IN THE HINDU DATED 23.1.2010 RESPONDENTS' EXHIBITS: NIL. TRUE COPY P.S. TO JUDGE. C .N. RAMACHANDRAN NAIR, & P.S. GOPINATHAN, JJ. -------------------------------------------- W.P.C. No. 2636 of 2010 -------------------------------------------- Dated this the 22nd day of June, 2010 JUDGMENT Ramachandran Nair, J. 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.P1 judgment. 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: 5. 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 2 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. 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 3 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. WPC is disposed of as above. (C.N.RAMACHANDRAN NAIR) Judge. (P.S. GOPINATHAN) Judge. kk 4