Andhra Pradesh HC Strikes Down Govt Order Imposing Curbs On Meetings On Public Roads

According to the IANS report, after hearing a batch of petitions filed by the leaders of various opposition parties, the High Court struck down the order.

The Andhra Pradesh High Court on Friday set aside the G.O.1 issued by the State Government aimed at restricting rallies and meetings on public roads. After hearing a batch of petitions filed by the leaders of various opposition parties, the High Court struck down the order, reported news agency IANS. The court observed that the government order may be detrimental to fundamental rights. A division bench of Chief Justice Prashant Kumar Mishra and Justice DVS Somayajulu, which had reserved the orders on January 24, pronounced the same on Friday.

Government Order (GO) number one was issued on January 2, 2023, banning public meetings on roads and roadsides, citing public safety. CPI state secretary Ramakrishna had filed a Public Interest Litigation (PIL) challenging the GO. He alleged that the YSR Congress Party (YSRCP) government issued the GO to muzzle the voice of the opposition parties. He said that such types of restrictions were not imposed even during British rule.

The High Court on January 12 issued an interim order suspending the GO till January 23. It was observed that the GO is prima facie in violation of Section 30 of the Police Act, IANS reported.

The state government, however, had moved the Supreme Court to challenge the stay order passed by the vacation bench. It argued that the vacation bench cannot take up 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, keeping in view the recent stampede incidents.

On April 24, the Supreme Court directed the division bench of the Andhra Pradesh High Court to expedite the hearing related to GO. The Chief Justice of India, DY Chandrachud, had suggested that the High Court deliver the final verdict at the earliest.

The GO was issued in the wake of a stampede during a roadshow by TDP president and former chief minister N. Chandrababu Naidu at Kandukur in the Nellore district on December 28, 2022. Eight people, including two women, died in the incident.

The directions were issued under the Police Act, of 1861, which regulates the conduct of assemblies and processions on public roads.
The government asked the respective authorities under Section 30 of the Police Act, 1861, while considering any application for the conduct of public meetings on public roads and streets, to bear in mind the possibility of the recurrence of the Kandukur incident.