KOCHI: The High Court on Wednesday stayed the newly-enacted Kerala Public Ways (Restriction of Assemblies and Processions) Act 2011, which permits holding of meetings after getting sanction from authorities. The HC had earlier prohibited public meetings on roads and road margins.A Division Bench comprising Acting Chief Justice C N Ramachandran Nair and Justice P S Gopinathan stayed the Act while considering a contempt of court petition filed by Khalid Mundappally seeking a directive to initiate contempt case against Ernakulam Rural SP Harshitha Attalluri and two other policemen for permitting the DYFI to conduct a meeting on the roadside in Muvattupuzha.Earlier the same Bench of the HC had prohibited holding of meetings on roads and road margins. However, pursuant to this, the LDF Government on February 18 passed the Act and permitted holding of meetings after getting sanction from the authorities. The Act included a provision that any person, association, trust or body which requires a portion of the public way for conducting a meeting should apply to the District Collector at least seven days in advance. The Bill was passed even when there was an HC order banning public meetings on the roadside. “Prima facie, legislation to get over the judgment is against the fundamental right and it should be treated as stillborn,” the Bench held. The court asked the state to find out whether any application under the Act was received and any order or permission was granted by any statutory authority for holding meetings on roads and road margins.The court further directed the DGP to enforce the order and asked the state to inform the details to all Collectors and other police authorities.
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