The Andhra Pradesh High Court in the case Kaka Ramakrishna v. State of AP, Home Department observed and has suspended operation of an order passed by the state government which prohibits the conducting of the public meetings on public roads. The division bench comprising of Justice Battu Devanand and Justice Dr V R K Krupa Sagar stated while considering the facts and circumstances of the case and on careful consideration of the submissions made before the court by respective counsels and also on perusal of the case law placed by the respective counsels, as per the opinion of this court, the impugned G.O. Rt. No.1 dated 02.01.2023 being contrary to the procedure which is provided under Section 30 of the Police Act, 1861. The court stated that there shall be interim suspension of impugned government order dated January 02 till January 23.
The State’s home department issued the government order. It has further been argued by the Advocate General S. Sriram before the court that the government order has been issued in exercise of powers vested under Section 3 of the Police Act, 1861 for regulating the public meeting on the public roads in the interest of the public, in the light of the recent instances, which occurred in the state. The court passed the order of interim suspension of the government in a Public Interest Litigation (PIL) which termed the State decision arbitrary and violative of Article 19(1)(a), 19(1)(b) of the Constitution of India.
In the present case, the petitioner, Kaka Ramakrishna is the leader of Communist Party of India. In the plea it has been alleged by the 67-year-old that the government has “indirectly imposed a complete ban” on public meetings on public roads to stifle the voice of opposition and other political parties. In its order passed on January 2, the government of Andhra Pradesh stated and banned public meetings and rallies from being held on public roads & streets, state and national highways, except in rare circumstances. The order was purportedly being passed in the wake of a fatal incident involving loss of eight lives in a political meeting held on roadside at Kandukuru, Nellore District on December 12, 2022. It has further been stated by the government in its prohibitory order that in exercise of powers under Section 3 of the Police Act, 1861, Government opine that the respective Authorities under Section 30 of the Act, the court while considering any applications for conduct of public meetings on public roads and streets which duly bear in mind the possibility of recurrence of the events as have transpired in Kandukuru and regulating the grant of license under Section 30 of the Act with due regards for public safety.
It has also been asked by the State to police machinery for suggesting alternative locations away from public roads which do not hamper public movement and general flow of traffic. The court specified the restrictions in its order that the National Highways and State Highways are designed for high-speed connectivity across the country to ensure logistical integration. Therefore, it is ideal that no license be granted for any application seeking permission to conduct a meeting on State Highways and National Highways. However, the application could be considered in rare and exceptional circumstances and for reasons to be recorded in writing. It has further been contended by Ramakrishna that the provisions under Police Act, 1861 are only a regulatory power and not a blanket power to stifle the democratic ideals and views of the citizens. He also argued that law enables the authorities to control the conduct of assemblies and processions on public roads and not to completely ban it. Accordingly, the court posted the matter to be next heard on January 20.