Andhra Pradesh HC strikes down G.O. No. 1 aimed at restricting rallies, meetings on public roads

The Andhra Pradesh High Court on May 12 struck down the G.O. 1 issued by the State Government. The High Court felt that the G.O. 1 was in violation of fundamental rights enshrined in the Indian constitution.

The Andhra Pradesh High Court on May 12 struck down the G.O. 1 issued by the State Government. The High Court felt that the G.O. 1 was in violation of fundamental rights enshrined in the Indian constitution.

The government issued the G.O. 1 on January 2 in the wake of the two stampedes in the rallies organised by the opposition TDP at Kandukur and Nellore. The G.O. was issued with a view to “regulate the rallies and meetings on public roads and highways”.

Subsequently, the Communist Party of India CPI state secretary K. Ramakrishna challenged the G.O. 1 in the High Court. Similarly, TDP politburo members Kollu Ravindra, AP Congress Committee president Gidugu Rudra Raju, former minister Kanna Lakshmi Narayana and others also filed petitions challenging the G.O. 1.

During the past hearing, the government contended that the G.O. does not prohibit or ban any public gathering and only regulates such meetings by making prior permission mandatory keeping in view the recent stampede incidents. The High Court, however, observed that the G.O. is prima facie in violation of Section 30 of the Police Act and stayed its operation till January 23 while directing the State Government to file a counter affidavit by January 20.

While the vacation bench gave a stay on this G.O., the Chief Justice bench lifted the stay stating that the HC vacation bench exceeded its limits, and the vacation judge acted as a de facto Chief Justice.

Meanwhile, challenging the interim stay on G.O.1 by the State High Court, the government filed a Special Leave Petition in the Supreme Court. In its Special Leave Petition (SLP)., the State Government contended that the Government Order was issued to prevent the recent stampede incidents and requested the apex court to vacate the stay ordered by the High Court.

The Bench comprising, Chief Justice of India D. Y. Chandrachud accepted the petition and posted the matter for hearing on April 24. After hearing the matter, the Supreme Court directed the Andhra Pradesh High Court to expedite the matter at the earliest.