''Police Stood As Mute Spectators'': Kerala HC On Protestors Encroaching Footpath Outside Trivandrum Corporation Office

While hearing a suo motu plea concerning waste management in the state, the Kerala High Court on Friday (December 6) orally said that while it was not against peaceful protests but encroachments which had been allegedly put on the footpath in front of the Trivandrum Corporation's office by certain protestors, cannot be allowed.During the hearing a division bench of Justice Bechu Kurian Thomas and Justice Gopinath P. orally said that they saw through a WhatsApp call that the protestors had constructed a "pandhal" on the footpath in front of the Corporation Office. It observed that the law prohibits any procession to be conducted on the footpaths. The Court said that though the court is not against peaceful protest but, such encroachments on footpath cannot be allowed.The Court further orally said that what they could see through the video call was that the police was standing as "mute spectators". It said that the police have to take immediate action when there is an illegal construction on the pavement. During the course of hearing, the Court was informed that the police had arrested and removed the protestors from the pavement.The court thereafter orally said, "We will ask the Commissioner of Police to file an affidavit on the steps initiated". On November 8 , the counsel appearing for the Corporation had informed the Court that a group of protestors who were unauthorizedly collecting waste in the city have been protesting before the Corporation building and were preventing entry of people into the Corporation building. The Corporation said they were demanding release of the vehicle which was seized after the Corporation found out that they were dumping waste into the Aamayizhanchan canal. During the hearing last month the Special Government Pleader assured the court that Police will take necessary action to remove the protesters and will ensure that they do not hinder the functioning of the Municipal Corporation. The high court had thereafter made it clear that if the protesters hinder the functioning of the Municipal Corporation or if they are preventing the ingress and egress of employees and other persons visiting the office of the Corporation, "the Commissioner of Police, Thiruvananthapuram City will ensure that such action as is appropriate, is taken to handle the situation and to ensure that the functioning of the Municipal Corporation is not obstructed in any manner by the protesters". The Local Self-Government bodies in Kerala are collecting waste through the Haritha Karmasena. The Counsel for Trivandrum Corporation informed the Court that the protestors claimed that they were engaged by the Corporation and private parties for waste collection before Haritha Karma Sena was deployed and they wanted to be retained for work.The matter is next listed on January 24, 2025. Case Title: Suo Moto v State of Kerala and OthersCase No: WP(C) 7844/ 2023

''Police Stood As Mute Spectators'': Kerala HC On Protestors Encroaching Footpath Outside Trivandrum Corporation Office

Manju Elsa Isac

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