Kerala High Court Orders Investigation into Unauthorized Board Installation Outside Secretariat
- Safiya Malik
The Kerala High Court has ordered a detailed investigation into the unauthorized installation of a large board outside the State Secretariat in Thiruvananthapuram. The Court issued directives following a report submitted by the Amicus Curiae, highlighting violations of government orders and judicial directives. The Court stated the need for accountability and directed swift action to identify and proceed against those responsible.
The issue arose from the unauthorized installation of a board by the Kerala Secretariat Employees Association (KSEA) near the Secretariat premises. The board was reportedly installed without requisite permissions and removed by the Thiruvananthapuram Corporation following widespread media coverage.
The Amicus Curiae, Sri Harish Vasudevan, submitted a report noting that senior civil servants, holding the ranks of Additional Secretary and Joint Secretary to the Government, served as the President and Secretary of the KSEA. The report stated that the installation violated prior court orders prohibiting unauthorized installations and defied government directives.
The Standing Counsel for the Thiruvananthapuram Corporation, Adv. Suman Chakravarthy, informed the Court that the board was dismantled immediately upon detection and that a complaint had been filed at the Cantonment Police Station. The Corporation also undertook logistical efforts to remove the structure and reported the incident to the concerned authorities.
The Court noted that despite earlier orders and awareness campaigns, the incident reflected a disregard for compliance. The case also noted concerns about the involvement of a government employees' association in violating official protocols.
Justice Devan Ramachandran recorded the seriousness of the violation, and stated that the installation of the board flouted judicial directives and government regulations. The judgment read: “This Court is unable to understand how, even after repeated orders and action that have been issued and completed, anybody has the temerity to put up any board/flag, much less that of the size now reported.”
The Court observed that if senior civil servants were involved in the unauthorized installation, their actions constituted a breach of their official responsibilities. It recorded: “If the illegal board had been installed by an Association of employees of the Government, then certainly, it is in breach of Government Orders, as also judicial directives; and the persons concerned would have to be proceeded disciplinarily, apart from penal provisions being attracted.”
Additionally, the Court noted that the printers and advertisement agencies involved in creating and installing the board must also be held accountable. It directed that these entities be included in the investigation to determine their role and compliance with regulations.
The judgment noted the need for vigilance and proactive measures by authorities to prevent such violations. The Court stated that reliance solely on complaints or media reports was insufficient to ensure compliance with legal and administrative norms.
The Court issued the following directives:
- The State Police Chief was directed to form a team of officers to investigate the complaint filed by the Thiruvananthapuram Corporation. The investigation must identify all individuals responsible, including KSEA office bearers and the involved printers or agencies.
- The Thiruvananthapuram Corporation was instructed to submit a detailed report on the incident, including fines imposed, expenses incurred during the removal, and logistical details of the operation.
- The Government Pleader was asked to submit a report detailing the government’s proposed actions in response to the findings of the Amicus Curiae.
- The Court directed immediate corrective measures regarding the disposal of boards removed during earlier drives, noting that improper disposal practices had been flagged by the Amicus Curiae.
The Court set January 22, 2025, as the date for the next hearing and ordered all parties to ensure compliance with its directives by that date.
Case Title: St. Stephen's Malankara Catholic Church v State of Kerala and Others
Case Number: W.P.(C) Nos. 22750/2018, 25784/2018, 42574/2018 & 27642/2021
Bench: Justice Devan Ramachandran
[Read/Download order]
