KOCHI: The Kerala High Court on Thursday declared “unconstitutional” and “void” the provisions of the Kerala Public Ways (Restriction of Assemblies and Processions) Act-2011, which allowed people to hold meetings and assemblies on public ways and road margins after getting a permission from the district police chief.The court also held that the Section 5(1)(c)violated the fundamental rights granted under Article 19(1)(d). A Division Bench of Justice C N Ramachandran Nair and Justice P S Gopinathan passed the verdict while disposing of a batch of petitions challenging the validity of the Act.The state was directed to observe the ‘Lakshman Rekha’ contained in Article 13 (2) so that it does not repeat any legislative misadventure in this direction.Earlier also, the same Bench had prohibited holding of meetings on roads and road margins. However, the LDF Government passed the Kerala Public Ways Act on February 18, 2011.The petitioners pointed out that the provision of the Act was enacted to override the High Court verdict.Denying the charges, the state submitted that the Act was enacted in exercise of its legislative powers.“It is very unusual to initiate suo motu proceedings against the Act,” the All-India Lawyers Union said.“Right of movement, whether on foot or on vehicle on public roads, is the fundamental right of any citizen,” the court said.
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