Supreme Court Requested Bench Led By AP HC Chief Justice To Hear Challenge Against The Order Of Govt Restricting Public Meetings On Roadsides

The Supreme Court in the case observed and has refused to interfere with the order passed by Andhra Pradesh High Court, the court stayed the Govt Order which restricted public meetings on roadsides which restricted public meetings on roadsides, with regards to the fact that the plea is posted for hearing before the High Court on January 23. The court also requested the division bench comprising od the Chief Justice of the High Court for hearing the matter. The counsel, Senior Advocate CS Vaidyanathan, appearing for the State of Andhra Pradesh observed and has took objection to the vacation bench of the High Court passing the order on an urgent basis when the present matter was being mentioned before the court during the vacation. The bench comprising of Chief Justice DY Chandrachud and Justice PS Narasimha in the case observed and has stated that since the matter was being posted on Monday, at this stage it will not interfere with the order. In its order, the bench stated while disposing of the petition of the State that it has been submitted by Mr Vaidhyanathan that the writ petition filed was being mentioned in the winter vacations before a DB of Andhra Pradesh. It has further been stated by him that the DB should not have assumed jurisdiction since no matter pertaining to policy can be taken during vacation. The said court at this stage is not enquiring into the merits of the grievance Therefore, the court requested the division bench led by the Chief Justice of Andhra Pradesh High Court for taking up the said matter and hear on 23.01.2023. The Govt Order before the High Court was challenged by Senior Advocate Kapil Sibal appeared for CPI State secretary K Ramakrishna. Facts of the Case: The State Government issued by the subject matter of the dispute is GO No.1 for restricting public meetings, after 11 people lost their lives in two stampedes during events addressed by TDP chief N Chandrababu Naidu. Further, it has been challenged before the court by CPI State secretary K Ramakrishna the GO 1 in the High Court wherein stating that it amounted to “blanket ban” on public meetings which resulted in the infringement of the right to people’s freedom of expression. The division bench of the High Court comprising of Justice Battu Devanand and Justice V.R.K Krupa Sagar observed and has stayed operation of the G.O. till January 23. The special leave petition has been filed by the State, wherein challenging the order of the High Court before the Supreme Court contending that a regulatory measure was being needed for avoiding the loss of lives in stampede-like events. Therefore, it has also been denied by the State that there being a blanket ban and it is contended that GO only merely advised the police to refrain from granting of the permission for public assemblies on public roads and road margins, unless there being exceptional circumstances in the case. 

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