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‘What is Rule of Law?’ High Court criticizes CPM hoardings, banners that block sidewalks

On Monday, the Kerala High Court expressed concern about flag poles, banners, festoons, and hoardings across the state. Flag poles were dangerously positioned on the footpaths, according to the high court, and political parties shouldn’t use their meetings to endanger the lives of the public.

‘Nobody is taking action against the illegal activities. Are we living in a state of fear? What rule of law are we talking about? The law should apply to everybody. Those in power and those who are not in power. And those in power should have more responsibility. There can only be one law for every citizen which will be binding on every one of us including political parties,’ the court stated, according to The New Indian Express.

Judge Devan Ramachandran made the remarks in a hearing on a case the court initiated on its own in 2018 on the issue of unauthorized traffic marker poles and flex boards installed on the sides of roads. Moreover, the court said that such installations can cause serious consequences, including accidents for motorists as well as pedestrians. Regarding the flag poles set up for the CPI(M) conference on Monday, the court asked whether political parties think they can do anything.

The report also observed that the state government turns a blind eye to what is happening when its party violates the law, but a fine is levied against a citizen who does not wear a helmet. ‘Is this the legal system that Kerala is proud of,’ the judge asked, stating that he is portrayed as a spokesperson for another party when he questions things like this. ‘Merely because a political party or a powerful entity intends to celebrate their conference, the lives of citizens cannot be endangered,’ the court added.

Further, it sought to know what the state government’s stand is on the flag poles being installed in Kochi city while observing that it had repeatedly issued orders on the matter. A question was posed as to whether orders would be enforced only after there is a fatal accident caused by these illegal installations.

During the hearing, the Kochi Corporation informed the court that it had given permission to CPI(M) to erect the flag poles, which would be removed on March 5, after the conference. Responding to this submission, the court expressed its dissatisfaction with the permission granted by the corporation and requested that it be placed on record before the next hearing. Further, it requested to be updated regarding the progress of removal of the flagpoles after the conference. According to the courts, flagpoles that are erected in violation of road safety regulations must be removed.

 

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