The Supreme Court on Friday, 20 January, directed the Andhra Pradesh High Court to hear a plea challenging the state government’s 2 January order restricting political rallies/roadshows on public roads.
A bench — consisting of Chief Justice DY Chandrachud and Justice PS Narasimha — asked the high court to hear and decide the matter after it was informed that the matter was listed before a bench headed by Chief Justice of Andhra Pradesh High Court Prashant Kumar Mishra.
All too fast
At the outset of the hearing, senior advocate CS Vaidyanathan — representing the state government — assailed the high court’s interim order staying the 2 January GO, stating that it was without jurisdiction.
Pointing to the speed at which everything happened in the court, Vaidyanathan said that the matter was listed before the court’s vacation bench at 10:30 am, it was taken up later in the day, and the interim order was passed right after.
Telling the bench of the top court that it was an “egregious assumption of jurisdiction by the vacation bench”, Vaidyanathan said that the 5 January, 2023, high court notification — regarding listing of matters before the vacation bench — clearly states that, “No policy and administrative matters shall be taken up during vacation.”
Also Read: 8 killed in stampede at TDP roadshow of Chandrababu Naidu
Supreme Court steps in
As the court was informed that the matter is now listed before a bench of the high court, the top court bench said it would ask Chief Justice Mishra to take it up.
The matter will come up for hearing before the high court bench on 23 January.
Leaving it to the high court to decide, the top court in its order said, “All the rights and contentions of the parties are open to be urged before the high court.”
Some background
The state high court, by an interim order on 12 January, stayed the operation of the 2 January state government order, holding prima facie, that the same is contrary to the procedure prescribed under Section 30 of The Police Act, 1861.
Following this, the state government has approached the top court against the 12 January high court’s interim order staying its GO which restricts the political rallies/roadshows on public roads.
Justifying its 2 January order, the Andhra Pradesh government had referred to certain instances, including the 28 December, 2022, incident in which eight people had lost their lives during a stampede in a political roadshow linked to TDP leader N Chandrababu Naidu held in Kandukur, Nellore.
Also Read: Denied permission for roadshow, Naidu goes door to door
Regulate not reject
It was such instances that prompted the state government to issue an order on 2 January, advising the state police 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”.
The state government had said that the 2 January order did not ban rallies but only sought to restrict and regulate them.
Assailing the high court order, the Andhra Pradesh government had told the top court that the 2 January order is in the nature of regulation, which is clearly an administrative and policy matter, and the same could not have been interfered by the vacation bench.
