A Division Bench of the High Court on Monday directed the State government and the State Police Chief to ensure that no demonstration or agitation or assembly or collective expression of opinions is held on the High Court premises and on the roads and streets surrounding them.
The Bench comprising Acting Chief Justice Thottathil B. Radhakrishnan and Justice Anu Sivaraman issued the directive in a suo motu proceeding initiated by it.
The court pointed out that “this is a suo motu proceedings initiated under Article 226 of the Constitution of India, taking note of the immense public importance and public interest, having regard to the needs of the people to have the functioning of judicial institutions including the High Court of Kerala to be carried in the manner in which it is envisaged under the Constitution of the India”.
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The functioning of the High Court and other courts was paralysed in the State for two days following the boycott of courts by lawyers in the wake of clashes between mediapersons and lawyers last week.
The court observed that the restriction, a reasonable one in terms of the Constitution, had been imposed, balancing the larger need of the people to use the judicial institution.
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Curbs on announcement
The Bench made it clear that there would be curbs on the use of announcement systems. The restrictions will be applicable to all the leading roads within the 200-metre radius from the roads encircling the High Court building.
The court said that “access to justice is an indefeasible component of collective existence of any society. This can, in no manner, be belittled by any act, individually or collectively, impairing or tending to impair the appropriate functioning of judicial institutions.”
The conducive manner in which “the people can have fearless access to the highest seat of judicial authority is to ensure that there is no semblance of unlawful intrusion or brow-beating by any individual or groups; whether organised or not. It was within the police power of the State to ensure such protective measures were taken,” the Bench said.
The Bench observed that the police had a constitutional and statutory duty to ensure that there was no impairment to the smooth conduct of the court proceedings.