The Kerala High Court, on Tuesday, directed the Circle Inspector (CI) of Police at Vanchiyoor, Thiruvananthapuram, to appear personally before the Court and provide an explanation for the failure to prevent a road obstruction allegedly caused by a political meeting organized by the Communist Party of India (Marxist) (CPI(M)) on December 5. This order was issued in the case of N Prakash v MV Govindan Master & Ors.

A Division Bench comprising Justices Anil K Narendran and Muralee Krishna S instructed the Additional Advocate General to notify CI Girilal D to appear in person on December 12 and present relevant documents to clarify the circumstances surrounding the incident. The Bench stated, "We deem it appropriate, to direct the circle inspector of police, the 4th respondent, to 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."

This order was issued following a petition filed by N Prakash, who sought contempt of court action against CPI(M) State Secretary, MV Govindan Master, for allegedly blocking a public road during the party's conference in Palayam on December 5. Prakash argued that such obstructions violate a 2010 High Court judgment in Khalid Mundappilly v The Executive Engineer, which prohibited public meetings on roads and road margins.

The Court noted that similar concerns about the inconvenience caused by rallies and political gatherings on public spaces had been raised in the 2021 case Trivandrum Chamber of Commerce and Industry v State of Kerala & Ors. The Bench also referred to a circular issued by the local self-government in August 2021, aimed at ensuring corrective measures to address the issue. The Court inquired why these measures had not been effectively implemented and questioned the enforcement of the circular. "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 remarked, expressing concern about the situation.

The Court further emphasized that broader issues surrounding the enforcement of such directives might need to be addressed and granted the Additional Advocate General time to obtain instructions from the State. The case is scheduled for further hearing on December 12.

In his contempt petition, Prakash contended that a stage had been erected for the CPI(M) meeting on the road in front of the Vanchiyoor Court complex and police station, in direct violation of the 2010 High Court ruling. He argued that such road blockages infringe upon the fundamental rights of citizens, specifically their rights under Articles 19(1)(d) and 21 of the Constitution to use public roads. Prakash further accused the authorities of failing to enforce the Court’s directions regarding political meetings on public roads, leading to repeated violations. Consequently, he sought action against the concerned authorities, including the State Police Chief Dr. Shaik Darvesh Saheb, Inspector General of Police P Sparjan Kumar, and CI Girilal, who were named as additional respondents.

Cause Title: N Prakash v MV Govindan Master & Ors.

Bench: Justice Anil K Narendran, Justice Muralee Krishna S