Ours a non-political campaign for a new venue
No other State, except Kerala, has its Secretariat road blocked by protesters on a daily basis. For years West Bengal Government banned any form of protest in front of Writers Building.
They imposed Section 144 of the Criminal Procedure Code, prohibiting the assembly of more than 10 people in an area. In New Delhi, agitations have shifted from Delhi Boat Club on Rajpath to Jantar Mantar.
ThiruvanaÂnthapuram is very congested and the Secretariat in the heart of the city has treasuries, banks, University College, Accountant General's Office, VJT Hall and other public utilities in the vicinity. Thousands of people reach the Secretariat for services everyday and most days the road in front is blocked till late afternoon owing to agitations.
This prompted Nehru Centre, a socio-cultural organization in the field for nearly 35 years, to moot an alternative venue. A decade ago, I staged a dharna soliciting support to ban hartals and bandhs under this outfit.
On Tuesday, along with 30 trader organizations, we will hold a 24-hour sit-in at Gandhi Park to voice our protest. Cardinal Baselios Cleemis Catholicos will inaugurate the event, which is expected to be attended by politicians across the political spectrum.
BJP State president V. Muraleedharan and senior BJP leader O. Rajagopal have expressed their solidarity. But this is a non-political event, aimed at garnering maximum public support for an alternative venue for protestors and facilitating free movement for the common man.
We have urged help from CPM and CPI. More than 40 traders' organizations have offered support as crores worth of business is being affected daily. In Thiruvananthapuram, a Magistrate banned all forms of protest in front of Secretariat 11 years ago. A case is pending before High Court, seeking a ban on Secretariat protests.
(As told to Cynthia Chandran)'
Next: Can protests move to beach for waves to listen ?
Can protests move to beach for waves to listen ?
Usually when it comes to lodging a public demonstration to air a grievance, the first thing the organizers wish is to hold the rally before the seat of power, the Government Secretariat. This is why we have been democratically registering our protests from time to time. So, what is the point in having it staged on the ShanghumukÂham beach, where you have but waves to listen?
Already there is a ban in force, stating that protesters should not block the road in front of the Secretariat. So what is the point in soliciting support for a further ban? The fact is this Government is afraid of public wrath. Otherwise there should have been a ban long ago as protests, sitins and marches have long been happening in front of the Secretariat.
If protests have been banned in front of Parliament in New Delhi and Writers' Building in West Bengal, it was put into effect decades ago, during the pre-Independence period. This cannot be implemented here as people with collective grievances prefer to register them before the seat of the power so that administrators hear them and offer solutions.
Hassan has for long been alienated from Congress and the public alike. The 24-hour sit-in is being stage-managed by Hassan to shore up his political stock and nothing more. Instead of trying to evolve a consensus by holding talks with various leaders belonging to different parties, Hassan is trying to boost his sunken image.
What is the point in holding a consensus after the sit-in? If sincere, Hassan should have first tried to mobilize maximum support from politicians cutting across party lines for moving the venue of protests to the city outskirts.
(As told to Cynthia Chandran)
Next: Right of movement upheld several times
Right of movement upheld several times
Rohit Raj/DC
Kochi: Kerala High Court on various occasions had made it clear that the right of movement whether it is along public roads or the footpath is a fundamental right.
As per the court directive police can take action against those who conduct meetings or agitations on roads and even on footpaths. The court had opined that all meetings should be permitted only in stadiums, public grounds outside road margins and space belonging to educational institutions on holidays.
“The right of movement, whether on foot or by carriage on public roads and footpath, is a fundamental right” high court observed.
The court order also empowered the police to remove stages and all installations, articles and people and prevent the meeting being held on public road and margins of roads.
The high court had made it clear that the order will ensure free flow of vehicles on roads and prevent loss of lives and injury to people in the event of rash driving and vehicles ploughing into people assembled for roadside meetings.
Meetings on roads and road margins had led to friction between the previous LDF Government and the judiciary. The high court on June 23, 2010 prohibited meetings on roads and road margins and specifically asked the police to act tough against offenders.
However the state challenged this before the apex court but the Supreme Court criticized the government decision and upheld the HC judgment. After this, the state passed Kerala Public Ways (Restriction of Assemblies and Processions) Act 2011.
But the High Court again quashed and declared the section 5 (1) (c) of the Act which permits police to allow permission to political parties as unconstitutional.
The court however upheld the section 5 (1)(a) and (d) of the Act which permitted religious processions and major festivals like Thrissur Pooram and Attukal Ponkala.
Kerala has probably the narrowest highway and public road as against the normal 60 m width.
The court also observed that the district police officers didn't show courage to reject a single application from any political party seeking permission under the Act.
