The main legal point established in the judgment is the need for restrictions and limits to processions and demonstrations in public places to protect the fundamental rights of pedestrians under Art.19 & 21 of the Constitution.

K.G. Balakrishnan, J.

These three Original Petitions have been filed seeking a writ of mandamus or other appropriate order directing the respondents to ensure that all demonstrations or processions of any form within the Cochin Corporation area are conducted without obstructing in any way the free movement of pedestrians and vehicular traffic. O.P. No. 12343 of 1991 is filed by a public spirited citizen. In O.P. No. 3040 of 1988 and O.P. No. 7827 of 1994 are filed by a registered Societies. When these matters came before the learned singe judge it was felt that the question of law involved in these Original Petitions are of general importance and these cases were referred to a Bench.

2. We heard counsel for the petitioners, learned Advocate General and some of the counsel for respondents.

3. Petitioners allege that though Ernakulam city is commercially very important, the roads, such as, Banerji Road, M.G. Road, Shanmugham Road and Chittoor Road are not very much wide and except M.G. Road, all other roads are not sufficient to accommodate the ever increasing vehicular traffic. These roads are maintained by the Cochin Corporation. Various institutions like Courts, Hospitals, Colleges and Schools, Banks and other establishments are located within a small area and they are accessible only through the roads mentioned above. The bus services, boat service, railway and airport etc can be approached only through the main roads of the Cochin city. If any of these important roads is blocked the entire flow of traffic will be paralyzed.

4. One of the important problems faced by the general public is that these roads are often blocked by the authorities to facilitate the political parties or other organisations to take out processions or demonstrations through public streets. Whenever procession or demonstration passes through any of these roads the entire vehicular traffic is blocked. This causes undue hardship to the public. Sometimes processionists stage 'dharna' in front of the State Government offices and Central Government Offices. Even if there are very few persons in the procession its participants block the roads completely and prevent vehicular traffic and most often they do not allow the pedestrians to cross the roads. According to the petitioners, the blocking of roads and completely stopping the movements of the pedestrians and vehicles are serious violations of the rights of the public. Those who want urgent medical attention or to attend public examination or interviews or to reach Airport to catch the flight find it extremely difficult and the participants of demonstration and procession prevent these persons from going to their destination and the authorities are not doing anything to avoid the hardships of the public. Though the political parties and religious congregations have a right to assemble peacefully and move through these roads they have no right to create unreasonable obstruction which may cause inconvenience to others.

Petitioners allege that under S.149 of the Criminal Procedure Code and S.19 of the Police Act it is the duty of the police to prevent the commission of any public nuisance. The police have a duty to prevent the. obstruction on the road. Therefore, the petitioners pray that there shall be a writ of mandamus or other appropriate direction directing the authorities to ensure that all demonstrations and processions of any form within the Cochin Corporation area is conducted without obstructing in any way the free movement of pedestrians and vehicular traffic.

5. A counter-affidavit is filed by first respondent in O.P. 12343 of 1991. It is conceded that the demonstrations and processions result in traffic blockade and it causes inconvenience to the public, but it is contended that there is no inaction on the part of the authorities & in preventing such demonstration and processions. It is submitted that the police are helpless in preventing such things, eventhough they are taking all possible