Amaravati, May 12 (). The Andhra Pradesh High Court on Friday quashed the state government’s order banning public meetings on the roads in the state.
Hearing a batch of petitions filed by leaders of various opposition parties, the High Court struck down the order. It was observed that the Government order can be detrimental to the fundamental rights.
A division bench of Chief Justice Prashant Kumar Mishra and Justice DVS Somayajulu had reserved the order on January 24 and pronounced the verdict on Friday.
On January 2, 2023, government order (GO) number one was issued, citing public safety, public meetings on the streets were banned.
CPI state secretary Ramakrishna filed a Public Interest Litigation (PIL) challenging the GO. He alleged that the YSR Congress Party (YSRCP) government issued the GO to suppress the voice of the opposition. He argued that such restrictions were not imposed even during the British rule.
The High Court had issued an interim order on January 12 suspending the GO till January 23. It was found that the GO is prima facie in violation of Section 30 of the Police Act.
However, the state government had moved the Supreme Court challenging the stay order passed by the vacation bench. It argued that the vacation bench cannot take up the PIL for hearing.
The government clarified that the GO does not prohibit any public gathering, but only regulates such meetings by making prior permission mandatory in view of the recent stampede incidents.
On April 24, the Supreme Court directed a division bench of the Andhra Pradesh High Court to expedite the hearing on Geo. Chief Justice of India DY Chandrachud had suggested that the High Court deliver the final verdict at the earliest.
The mandate was issued in the wake of a stampede during TDP president and former chief minister N Chandrababu Naidu’s roadshow at Kandukur in Nellore district on December 28, 2022. Eight people including two women were killed in this incident.
The directions were issued under the Police Act, 1861, which regulates the conduct of gatherings and processions on public roads and public streets.
The government asked the authorities concerned to keep in mind the possibility of a repeat of the Kandukur incident, while considering any application under Section 30 of the Police Act, 1861, for holding public meetings in public roads and streets.
PK/ANM
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