SC refuses to interfere in APHC order on GO 1

PNS|Vijayawada

The Apex Court on Friday refused to interfere with the Andhra Pradesh High Court order staying the government’s order which restricted public meetings on roadsides, having regard to the fact that the petition is posted for hearing before the High Court on January 23. The Apex Court also requested that a division bench led by the Chief Justice of the High Court take up the matter.

Senior advocate CS Vaidyanathan, appearing for the State of Andhra Pradesh, took objection to the vacation bench of the High Court passing the order on an urgent basis when the matter was mentioned during the vacation. The bench comprising Chief Justice DY Chandrachud and Justice PS Narasimha said that since the matter is posted on Monday, it will not interfere with the order at this stage.

Vaidhyanathan submits that the Writ Petition was mentioned before a DB of Andhra Pradesh in winter vacations. He stated that the DB should not have assumed jurisdiction since no matter pertaining to policy can be taken during vacation. “We are not enquiring into the merits of the grievance at this stage. However, we request a division bench, led by the Chief Justice of Andhra Pradesh High Court, to take up the matter and hear on January 23, the bench stated in the order while disposing of the State’s petition.

Senior Advocate Kapil Sibal appeared for CPI State secretary K Ramakrishna who challenged the Government Order before the High Court.

The AP government issued GO No 1 to restrict public meetings after 11 people lost their lives in two stampedes during events addressed by TDP chief N Chandrababu Naidu.

CPI State secretary K Ramakrishna challenged GO 1 in the High Court stating that it amounted to a “blanket ban” on public meetings resulting in the infringement of the right to people’s freedom of expression.