“Vested Interests Use Fear, That Is Fascism; People Must Live Without Fear In A Democracy": Kerala HC Orally Remarks In Unauthorised Banner Case

The Kerala High Court on Thursday (30th January) while hearing the case dealing with erection of unauthorized banner was informed that in many cases, police were not registering FIRs even after they are informed of illegal boardings put up in the area.Justice Devan Ramachandran had already directed the secretaries of local self-government institutes to remove unauthorized banner erected in their areas. Recently, the Government also issued a notification in this regard.The Amicus Curiae Adv. Harish Vasudevan informed the Court about an incident at Pinarayi Panchayat, where allegedly a group of party workers including the CPI(M) Local Secretary of the area threatened the Panchayat officers for removing unauthorised flex boards put in support of CPI(M).The Court by an earlier order had directed the police to protect authorities if they receive any threat for removing unauthorised banners/ flexboards.The Amicus during the hearing on Thursday also informed the Court about 2 instances – in Thrissur and Aluva – where the police didn't register FIRs when they were informed of flex/ banners erected unauthorizedly in that area.The Court directed the State Police Chief to conduct an inquiry into these incidents through an officer not lower in rank than the Superintendent of Police.The Court orally remarked that everyone was living in fear due to the activities of some 'vested interests'.“For New Kerala, people's mind should change. You people are living in fear. These vested interests use fear, that is fascism. People don't' respond due to fear -that is fascism. The biggest problem is fear coming in people's mind. People should be able to live without fear – That's democracy. “, the Court remarked orallyThe Court asked the Government to inform the Court by the next week the steps it is taking to setting up a website where public can upload complaints about unauthorised banner/ flex/ flags in their area.The case is posted to next week.Case Title: St. Stephen's Malankara Catholic Church v State of Kerala and OthersCase No: WP(C) 22750/ 2018

“Vested Interests Use Fear, That Is Fascism; People Must Live Without Fear In A Democracy": Kerala HC Orally Remarks In Unauthorised Banner Case

Manju Elsa Isac

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