Koshy, J.

Disgusted, disheartened and distressed by the suffering of people, at large, by the frequent processions and agitations violating the directions of this Court as affirmed by the Supreme Court, certain associations and citizens, in the interest of public, filed these original petitions. They highlighted various incidents happened in Thiruvananthapuram city during such processions. According to the petitioners, almost every day there are various processions, demonstrations and agitations before the Secretariat and free flow of traffic is obstructed. On such days on many occasions, anti-social elements attack business establishments also. Since entire traffic is blocked, people are unable to go to offices, hospitals, etc., and in spite of various court decisions Government is not taking any serious action with sincerity to protect the fundamental rights of the citizens to move about etc.

2. In the counter affidavit filed by the Government in O.P.No.38037 of 2002 it is stated as follows:

“As regards averments in paragraphs 1 to 4, it is admitted that due to the protests staged before the Secretariat much difficulties are likely to be caused to the public by restraints in the movements of pedestrian and vehicles and the legitimate rights of the business and commercial establishments in the vicinity to carry out their normal activities. Besides, normal traffic in and around the Secretariat and nearby places may also be affected. In the extreme form, these agitations etc., could lead to unlawful acts like wrongful restraint and wrongful confinement.”

In paragraph 4 of the affidavit it is stated that on the agitation before the Secretariat on 31.10.2002 the following incidents happened:

“.. In the incident, some of the PDP agitators damaged the window glass ventilator glass, name boards of neighbouring shops and buildings. They also damaged two motorcycles, 21 cars, one Jeep, and 3 KSRTC Buses. The mob also tried to destroy the oil, diesel etc., kept in the Civil Supplies Petrol Pump and set fire on it. The over all damage caused by the agitators was about 8 lakhs. ..”

In paragraph 5 it is averred as follows:

“As regards Grounds A, it is submitted that it is true that some of the protests staged before the Secretariat could disrupt the vehicular and pedestrian traffic. Such agitations affect very seriously the legitimate rights of the business and commercial establishments in the vicinity to carry out the normal activities.”

Similar incidents which happened during demonstrations before Secretariat on 27.11.2002 and 28.11.2002 were detailed in the counter affidavit filed in O.P.No.37488 of 2002. In the counter affidavit filed by the Principal Secretary in O.P.No.2713 of 2003 it is stated as follows:

“As regards the averments contained in paragraph 5 is concerned, it is submitted that many demonstrations and processions are conducted by many including major political parties in the city every year and some of them may result in violence. Some of the participants in such agitations might indulge in stone throwing, and cause damage to the public and private property etc., This does cause a lot of hardship and loss to the members of the society. Instructions already exist that the organizers obtain permission for processions from law enforcing agencies and to keep themselves in readiness to check any untoward incident.”

In paragraph 7 it is averred as follows:

“.. However because of the congested road in Thiruvananthapuram city and lack of roads with sufficient width parallel to M.G. Road, even a very small procession does result in inconvenience to traffic. Best efforts are being made to minimize the same and legal action is taken against the violators of law.”

Considering the incidental events admitted by the Government, petitioner seeks a total ban of dharnas and demonstrations or at least before Secretariat and in M.G. Road form Palayam to Thampanur and other busy roads.

3. As per the 20th Century Dictionary demonstration is a