The Kerala High Court recently comprising of a bench of Justice Devan Ramachandran while taking note of the illegal flag masts in the state that have now come to occupy the public spaces issued a set of further directions to ensure that no new unauthorised flag posts, banners or boards are installed in the State and to remove the ones that already exist within a period of 30 days. (Mannam Sugar Mills Cooperative Ltd v. Deputy Superintendent of Police)
Facts of the case
The bench was hearing a petition relating to unauthorised flag posts, banners or boards that are installed in the State.
The Court has not issued orders for the last few months, and for the same reason unauthorised Boards/Banners/Flags have now come to occupy the public spaces in the State, even though the Road Safety Commissioner has issued an order dated 06/02/2020, banning the placing of the same on any public space, including pedestrian paths,pedestrian railings, medians, traffic Islands etc.
Contention of the Parties
The learned Amicus Curiae submitted before the Court that one reason why this menace has not been fully controlled is because advertising agencies are entrusted with the task of installing them, who do so without even being aware of the laws involved,particularly, because some of their workmen are not fromKerala.
Court's observations and Judgment
The bench taking note of the afore submissions and since any installations can be made on the public places only under the specific sanction of the Secretary of the LocalSelf Government Institution involved, issued additional directions. The bench remarked,
In the afore circumstances, I make the in addition to the ones which have already been issued:
(a) The Secretaries of the Local Self GovernmentInstitutions shall immediately begin a drive to removeall the unauthorized Boards/Banners/Flags which are contrary to the directions of this Court and in violation of the order of the Road Safety Commissioner; and return them to the perpetrators without dumping it in the public waste disposal systems, within a period of thirty days from today. Necessary directions to the various Secretaries of the Local Self GovernmentInstitutions shall be issued by the Director ofPanchayats and by the Director of Urban Affairs, byway of Circulars/Orders, within a period of five days from today.
(b) Every unauthorized Board/Banner/Flag etc. remaining after the afore period – as has been already declared by this Court – shall be the personal responsibility of the Secretaries of the Local Self Government Institutions, as also the Field Staff thereof, which will invite necessary action as per law.
(c) No Advertisement Agency/Entity shall be entitled to fix any unauthorized Board/Banner/Flag or such other in violation of the orders of this Court or contrary to the order of the Road Safety Commissioner; and for this purpose they shall make such installations only after they are provided the necessary sanction from the Secretary of the Local Self Government Institutions, and in no other manner. Evey Board/Banner/Flag which shall be printed by the Advertisement Agencies/Printing Presses shall contain their addresses and phone numbers displayed at its lower end, so that necessary action can be taken in the event of any violation found against them by the competent Authorities.
(d) Any Boards/Banners/Flags hereinafter printed without the details of the Printing Press/ Advertising Agency as above, will be deemed to be illegal, inviting stringent action, including under the Indian Penal Code and the Land Conservancy Act.
(e) Any violation of the directions in (b), (c) and (d) above will also entail the cancellation to the licenses to the Printing Press/ Advertising Agencies, subject to a proper enquiry being completed.
The bench passing the above directions listed the matter to be further heard on 21/02/2022.
Read Judgment @Latestlaws.com
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