Kerala High Court expresses displeasure over political parties' flag masts in public places ahead of CPI(M) Meet

The Kerala High Court on Monday expressed its strong displeasure at streets being lined with flag masts of the ruling Communist Party of India (Marxist) ahead of its 23rd State party conference scheduled to be held in Kochi from March 1 to 4. .Justice Devan Ramachandran was informed that despite the Court's previous orders regarding illegally erected flag masts, the situation hasn't improved. The Court stressed that laws must apply equally to citizens and political parties"There can only be one law for every citizen, which is binding on each one of us, including political parties," the Court said in its order..Amicus Curiae advocate Hareesh Vasudevan told the court that on account of certain meetings to be conducted by a political party, the city of Kochi is now flooded with flags and banners even on pedestrian rails, centre medians and traffic islands.On the Court's query, advocate CN Prabhakaran, Standing Counsel for the Kochi Corporation, submitted that the corporation granted permission to "a prominent political party" to conduct its State conference in Kochi and that they have also been allowed to put up certain installations. However, he also affirmed that no permission has been granted to put up such installations on footpaths, pedestrian handrails, road medians, traffic islands, etc. Further, he stated that all such installations would be removed by March 5 in terms of an order issued in this regard by the Road Safety Commissioner..The disregard for the orders of the Road Safety Commissioner drew the ire of the Court."It is ironical that even when the Road Safety Commisioner issued preemptive orders to avoid accidents on account of these installations, the officers concerned turn a blind eye, when they are so done by powerful entities. This Court fails to understand how this can ever be permitted, especially when the danger to pedestrians and motorists are grave and real, should an of these installations fall into the road unexpectedly, or if the numerous flags on the pedestrian handrails, road medians or traffic islands flutter and create diversions or distraction to the traffic," the Court said in its order..Additional Advocate General Ashok M Cherian confirmed that any installations put up in violation of said order are liable to be removed.The Court, therefore, directed the Secretary of the Corporation of Kochi to submit a report of all permissions granted to the political party to put up flags, banners and other similar installations and also the number of such installations that have been put up illegally..The issue of such illegally erected banners and flags has caught the attention of the court several times over the years while hearing petitions by property owners who approached the Court seeking orders to remove flag posts that were allegedly put up on or near their properties by political parties.The Court had decided that the larger issue of such installations at other places must also obtain the attention of the competent authorities and tagged several petitions pertaining to the same issue.Subsequently, it had pulled up the State government for allowing the practice of political parties putting up flag masts wherever they choose to without any consequences and ordered that strict action be taken against those who do not remove such installations in accordance with law.Most recently, the Court had issued a set of directions fixing personal responsibility on secretaries of the local self-government institutions for the continued practice of turning a blind eye to such illegal installations. .In its order today, the Court also raised the pertinent question on how the flags and banners would be disposed of once they are removed after the party meet, especially when the public waste disposal systems are already overwhelmed. The Standing Counsel for the Corporation submitted that all such installations would be removed by the entities who installed it, without being sent to the public waste disposal system. The Court recorded the same in its order.The matter will be taken up next on March 8. .[Read Order]