No assembly or demonstration will be carried out within the premises of the Court disrupting proper functioning of the judicial institution

KeralaHC

Kerala High Court: Taking suo moto cognizance of the recent events, the Division Bench of Thottathil B. Radhakrishnan, Ag. C J. and Anu Sivaram J. directed State Government and State Police that no assembly or demonstration would be allowed in the court premises or on the roads surrounding them.

The Court held that access to justice is an indefeasible component of any society and it can in no manner be belittled by any individual or collective act, impairing or tending to impair the proper functioning of the Courts. Therefore, it is imperative that every seat of judiciary be insulated from any intrusion, as the intrusion would adversely affect the constitutional and societal goals to be achieved in an orderly society by the existence of judicial system. It was held that it is one of the primary duties of the Police wing of the State to maintain law and order and extend support by way of governance, in case where the access to justice is being challenged. The Police had public duty in terms of the Constitution and the statutes, to ensure that there is no impairment whatsoever in the conduct of court proceedings and the facilities for access to justice.

In the light of these observations, the Court directed the Government of Kerala, the State Police Chief and the Police officers under his command to ensure that no assembly or demonstration or collective expression of opinion is carried out within the premises of the High Court and also in the roads and streets surrounding them. It is directed that the restrictions imposed would extend to the use of public announcement system as well. All the restrictions imposed shall operate in regard of all road which surround the buildings of the High Court of Kerala and all leading roads to a distance of 200 meters from the roads that encircle the High Court buildings. The Court also directed that the gist of the order be published in at least two English newspapers and six vernacular dailies, having circulation throughout the State of Kerala. [Court on its own Motion v. State of Kerala, 2016 SCC OnLine Ker 10398, decided on 25 July, 2016.]

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