Andhra Pradesh HC Stays Govt’s Decision Prohibiting Holding Of Public Meetings On Roads
The Andhra Pradesh High Court while dealing with a petition filed by a leader of the Communist Party of India named Kaka Ramakrishna has stayed the decision of the Andhra Pradesh Government that prohibits and restricts public meetings or assembly on roads.
The petitioner in this matter had prayed before the Court that such a decision of the State was illegal, arbitrary, unjust, and violative of Articles 19(1)(a) and 19(1)(b) of the Constitution.
A Division Bench of Justice Battu Devanand and Justice V R K Krupa Sagar ordered, “Considering the facts and circumstances of the case and on careful consideration of the submissions made by respective counsels before the Court, in the prima facie opinion of this Court, the impugned G.O.Rt.No.1 dated 02.01.2023 is contrary to the procedure provided under Section 30 of the Police Act, 1861.”
Advocate N. Ashwani Kumar appeared on behalf of the petitioner while Advocate General S. Sri Ram appeared for the respondents.
In this case, the petitioner submitted that the Government Order of the Legal Department of the State prohibits/restricts conducting public meetings or assemblies on public roads and roadsides/margins in the entire State of Andhra Pradesh which is against the procedure prescribed under Section 30 of the Police Act, 1861.
However, the respondents contended that in the exercise of powers vested on the respondents under Section 3 of the Act, the Government Order is issued to regulate the public meetings on public roads in the interest of the public and in light of the recent instances that occurred in the State.
The High Court in the above context directed, “Considering the request of the learned Advocate General, post the matter on 20.01.2023 to enable the respondents to file their counter affidavits.”
Therefore, the Court said that all the other contentions raised by the respective counsel will be considered after filing a counter affidavit by the respondents.
“… there shall be interim suspension of impugned G.O.Rt.No.1 dated 02.01.2023 till 23.01.2023.”, the Court further observed.
Accordingly, the Court stayed the Order of the State.
Cause Title- Kaka Ramakrishna v. The State of Andhra Pradesh & Anr.