IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HON'BLE THE CHIEF JUSTICE MR.S.R.BANNURMATH & THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN FRIDAY, THE 22ND JANUARY 2010 / 2ND MAGHA 1931 WP(C).No. 2305 of 2010(S) ------------------------- SUO MOTU PROCEEDINGS INITIATED ON A PETITION RECEIVED FROM SRI.SANJITH RAJA. K., KOCHI REGARDING TRAFFIC REGULATIONS ISSUED BY THE POLICE IN CONNECTION WITH THE PROCESSION AND MEETING CONVENED BY THE SNDP YOGAM ON 22/01/10 AT MARINE DRIVE, KOCHI. .............. AGAINST 1. SNDP YOGAM, REPRESENTED BY ITS SECRETARY. 2. ASSISTANT COMMISSIONER OF POLICE (TRAFFIC), KOCHI CITY. 3. COMMISSIONER OF POLICE, KOCHI CITY. 4. STATE OF KERALA, REPRESENTEED BY CHIEF SECRETARY. R1 BY ADV. SRI. RAJAN BABU. R2 & R3 BY ADDL. DIRECTOR GENERAL OF POLICE, SRI.K.K. RAVINDRANATH R4 BY ADVOCATE GENERAL, SRI.C.P. SUDHAKARA PRASAD SENIOR GOVT. PLEADER, SMT. K. MEERA. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 22/01/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S.R. Bannurmath, C.J. & Thottathil B. Radhakrishnan, J. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - W.P.(C) No. 2305 OF 2010 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 22nd day of January, 2010 JUDGMENT S.R.Bannurmath, C.J. This Public Interest Litigation is initiated regarding the traffic regulations issued by the police in connection with the procession and meeting convened by the Sree Narayana Dharma Paripalana Yogam on 22.01.10 at Marine Drive, Kochi, on receipt of a petition from Sri.Sanjith Raja K. of Kaloor addressed to the Chief Justice, today morning. 2. On considering the urgency and importance, the Registry was directed to register a writ as Suo Motu Public Interest Litigation Petition. 3. The learned Advocate General, Sri. C.P. Sudhakara Prasad and Sri. Rajan Babu, learned counsel appearing for the SNDP Yogam were heard. Sri.Venugopal, Assistant Commissioner of Police(Traffic), Cochin City is present in Court to instruct the learned Advocate General. We need not go in detail about the steps which are in place as per the Organisors W.P.(C) No. 2305 OF 2010 -:2:- and the learned Advocate General, since the subject in question is fully covered by a Full Bench decision of this Court in Kerala Vyapari Vyavasayi Ekopana Samithi v. State of Kerala [2004(2) KLT 857] and another Full Bench judgment in the case of George Kurian v. State of Kerala [2004(2) KLT 758]. These two decisions were rendered following the directions of a Full Bench decision of this Court in the Case of Peoples Council for Social Justice v. State of Kerala [1997(2) KLT 301] in which the following directions have been issued. “The organizers of the procession or demonstration shall give advance notice to the highest Police Officer of the District or such other officer authorised by the Government at least six days before the procession or demonstration is intended to be held. The notice must contain a brief note giving the reasons and purpose of the demonstration or procession and the approximate number of participants. The participants of procession/demonstration shall not be allowed to occupy the entire breadth of the road so as to obstruct the passing and repassing of pedestrians or vehicles through the road. The processionists shall not be allowed to carry lengthy banners so as to occupy the entire breadth of the road. The police should restrict the length of the banners if it is likely that the same would cause obstruction to the pedestrians and vehecular traffic. In all road junctions pedestrians shall be allowed to cut across W.P.(C) No. 2305 OF 2010 -:3:- the procession/demonstration and the police shall help the pedestrians to cross the road. Such crossing shall be once in every 10 minutes in every road junction and the police shall help and regulate the same by appropriate directions. If any participant in the demonstration/procession engages in disorderly conduct, he shall be dealt with according to law. Participants of processions/demonstrations shall not be allowed to carry any weapons or instruments that could be used as dangerous weapons. There shall be sufficient contingent of police and the police shall take all possible steps to regulate public assemblies and processions as envisaged under S.19 of the Police Act and shall see that it shall be peaceful and cause least inconvenience to the public. Any wrongful act or omission upon or near public street by any of participants in the demonstration/procession whereby the public are prevented from freely, safely and conveniently passing along such public road shall be dealt with according to law. Road picketing and dharnas on public roads, being clear violations of law, shall strictly be prohibited and the police shall see that the persons who cause such obstruction to the pedestrians and vehicular traffic be removed from the road. The Government shall issue appropriate circulars to the police authorities impressing upon them the need to enforce the provisions contained in the Police Act.” 4. It is asserted by the learned Advocate General and the Counsel appearing for the SNDP Yogam that there will be strict adherence to the conditions and directions laid down by the Full W.P.(C) No. 2305 OF 2010 -:4:- Bench in the aforesaid decisions. In addition to the directions issued by the Court to ensure strict compliance of the mandatory directions issued, we further direct that the procession should be in an organised manner as directed and if any violation or damage to either public or private parties are caused, the responsibility would be with the Organisors and law enforcing agency. We further direct that proper instructions as per the directions issued shall be immediately announced on the roads by Public Address System as well as on Electronic media for the knowledge of the public, especially the commuters. With these directions, we deem it proper to close the Writ Petition. S.R. Bannurmath, Chief Justice. Thottathil B. Radhakrishnan, Judge. ttb W.P.(C) No. 2305 OF 2010 -:5:-