SC to hear Andhra Pradesh's plea against HC order on ban on public meetings, rallies on roads

The plea of the state government said, By the impugned order, the High Court has stayed the operation ofdated January 2, 2023 GO finding, prima facie, that the same is contrary to the procedure prescribed under Section 30 of the Police Act. In recent times, the State of Andhra Pradesh has been plagued with a multitude of fatalities caused during political rallies and roadshows on public roads.

The Supreme Court on Wednesday said it will hear on January 19 the plea of the Andhra Pradesh government challenging the high court's recent directive suspending the operation of a government order that prohibited public meetings and rallies on roads, including national highways.

A bench of Chief Justice DY Chandrachud and Justice PS Narasimha agreed to hear the Andhra Pradesh government's petition on Thursday after the standing counsel for the state sought an urgent hearing.

On January 12, the Andhra Pradesh High Court had suspended till January 23 the operation of the government order (GO) that barred public meetings and rallies on state roads and national highways.

''Court is prima facie of the opinion that the impugned GO No.1 is contrary to the procedure provided under Section 30 of the Police Act, 1861,'' it had held.

The high court had passed the interim order on a writ petition filed by CPI state secretary K Ramakrishna challenging the GO and posted the case for further hearing on January 20. It had sought the state government's response before that date.

The petitioner has contended before the high court that the GO was brought to ''stifle'' the opposition's voice against the government.

The Y S Jagan Mohan Reddy government had issued the order on January 2 midnight in the wake of a stampede at a rally organised by the main opposition Telugu Desam Party at Kandukuru on December 28 last year in which eight people were killed.

The prohibitory order (GO No. 1) was issued under the provisions of the Police Act, 1861 and the state police immediately started implementing it. The plea of the state government said, ''By the impugned order, the High Court has stayed the operation of…dated January 2, 2023 (GO) finding, prima facie, that the same is contrary to the procedure prescribed under Section 30 of the Police Act. In recent times, the State of Andhra Pradesh has been plagued with a multitude of fatalities caused during political rallies and roadshows on public roads''. It said, as recently as on December 28, 2022, eight people died during a stampede in a political road show held in Kandakuru in Nellore District. ''The State was thus prompted to issue the Impugned GO, wherein it clarified/emphasized the considerations to be taken by the police while regulating public meetings/ demonstrations under Section 30 of the Indian Police Act, 1861,'' the petition said. The state government said the police department was advised to refrain from granting permission for such public meetings unless adequate and exceptional reasons were provided by the person seeking permission.

''The Respondent herein filed the PIL against the Impugned GO alleging that it was unconstitutional. The PIL was listed before the Sankranthi Vacation Bench of the High Court on January 12, 2023, and the Impugned GO was stayed. It is submitted that the Impugned Order is both procedurally improper and erroneous on merits,'' the state government said in its plea. It added that at the outset, the vacation bench ought not to have taken up the matter because the notification of the high court dated January 5, 2023 regarding listing of matters before the vacation bench clearly states that ''no policy and administrative matters shall be taken up during vacation''. ''The Impugned GO is of a regulatory nature and is thus clearly an administrative and policy matter. Thus, any order passed by a vacation bench regarding the Impugned GO, let alone staying its operation, is without jurisdiction since it is passed by coram non judice (before a judge not competent or without jurisdiction),'' it said. It added the GO is merely a set of clarificatory guidelines regarding exercise of power by the police under Section 30 of the Police Act and it does not ban public assembly, either directly or indirectly. ''Instead, it merely reasonably regulates it. The recent instances of both fatalities and public inconvenience indicate that public safety and interest mandate that such meetings be avoided, unless in exceptional circumstances, and the Impugned GO merely advises the police to ideally act accordingly,'' the government's petition said. The state government said the Supreme Court has held the right to public assembly is subject to reasonable restrictions such as the requirement for seeking permission. ''If the stay on the Impugned GO is allowed to continue, there will be more fatalities at these unchecked and unregulated political rallies and it is the duty of the State to take measures to ameliorate these losses,'' it said.

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