SC agrees to hear Andhra's plea challenging HC order staying govt's decision prohibiting public meetings on roadsides
Jan 18, 2023
New Delhi [India], January 18 : The Supreme Court on Wednesday agreed to hear on Thursday Andhra Pradesh's petition challenging the High Court order staying the state government's decision restricting public meetings on roadsides.
A bench of Chief Justice of India DY Chandrachud agreed to hear the matter tomorrow. The matter was mentioned by a lawyer seeking an urgent hearing on the Andhra Pradesh government plea.
The State of Andhra Pradesh has moved the Supreme Court against the interim order dated January 12, 2023, by the High Court of Andhra Pradesh, at Amaravati. By the Impugned Order, the High Court has stayed the operation of the government order dated January 2, 2023, finding, prima facie, that the same is contrary to the procedure prescribed under Section 30 of the Police Act.
Andhra Government has said that in recent times, the State of Andhra Pradesh has been plagued with a multitude of fatalities caused during political rallies and roadshows on public roads. The state govt said that on 28.12.2022, 8 people died during a stampede in a political roadshow held in Kandakuru, Nellore District.
The State Government said it has been prompted to issue the Impugned GO, wherein it clarified/emphasized the considerations to be taken by the police while regulating public meetings/demonstrations under Section 30 of the Indian Police Act, 1861.
Vide the Impugned GO, the Andhra Pradesh Police Department was advised to refrain from granting permissions for such public meetings unless adequate and exceptional reasons were provided by the person seeking permission to conduct such a meeting.
A petition was filed against it before the High Court alleging that the impugned Govt order was unconstitutional. The High Court stayed the government decision.
The state govt said that recent instances of both fatalities and public inconvenience indicate that public safety and interest mandate that such meetings be avoided, unless in exceptional circumstances, and the Impugned GO merely advises the police to ideally act accordingly.
Adding further, the state government said that if the stay on the Impugned Govt Order is allowed to continue, there will be more fatalities at these unchecked and unregulated political rallies and it is the duty of the State to take measures to ameliorate these losses.
