Public assemblies must not obstruct pedestrian pathways, as such actions infringe on the public's right to unobstructed movement, reinforced by existing laws and judicial precedents.

JUDGMENT

Dated this the 10^th day of April 2023

S.MANIKUMAR, C.J.

In this public interest litigation, petitioners are challenging the unlawful protests, campaigns or such other assembly of people being staged at public spaces meant for public use and thus not designated as "protest zones" or spaces earmarked for such an assembly. Hence the instant petition is filed seeking for directions to the competent among the State and Police authorities to remove unlawful assemblies of people around the Raj Bhavan and State Secretariat areas, Thiruvananthapuram.

2. Reliefs sought for in this writ petition are as follows:

i) Issue a writ of Mandamus or other appropriate Writ, direction or order directing the respondent State authorities as well as the law enforcement agencies including the Police authorities are to formulate and issue guidelines with respect to the earmarking of certain public areas in the state for the purpose of holding mass assemblies, including protests, campaigns, demonstrations etc;

ii) Issue of Writ of mandamus or other appropriate Writ, direction or order directing the respondent State authorities as well as the law enforcement agencies including the Police authorities to remove assemblies staged around the Secretariat area and the Raj Bhavan area including the adjoining footpath;

iii) Declare that the staging or holding of assemblies including protests, campaigns, demonstrations etc. along the areas around the Raj Bhavan Area and the Secretariat and adjoining foot-path area is unconstitutional, illegal, unreasonable, arbitrary, untenable and unsustainable.

3. According to the petitioners, various organisations and political parties are staging protests, demonstrations, etc., in public places, including footpaths/pavements, causing serious inconvenience to general public and also commercial and other establishments set up at such places. It is also submitted that the police authorities as well as such other competent law enforcement authorities have been constantly failing and omitting to prevent unlawful assemblies from being staged in the areas around the Secretariat and the Raj Bhavan when in fact there are certain areas in and around the city which can be earmarked for the purpose of holding such assemblies such as the Thycaud Police Ground, Shanmugham beach, Puthirikkandam Maidan, Poojappura Maidan near the Poojappura Central Jail area etc.

4. It is further submitted by the petitioners that there have been instances wherein campaigns or protests on footpaths, which initially started on temporary basis, attained the nature of permanence. In connection with such campaigns or protests, sheds and other structures have come up on footpaths, which provide shelter to the campaigners/protesters. Such structures, which gradually become permanent constructions, cause hindrance to the general public using footpath for the purpose for which it was constructed.

5. At this stage, it is also relevant to note Clause (a) of sub-section (1) of Section 2 of the Kerala Public Ways (Restriction of Assemblies and Processions) Act, 2011 which defines 'footpath' as any area comprised in a public way earmarked for movement of pedestrian having a width of not less than one meter but not exceeding three meters on either side of the public way, after leaving sufficient space for the movement of vehicles. As per clause (d) of sub- section (1) of , 'public way' includes any highway, bridge, causeway, road, lane, footpath, square, courtyard, garden-path, channel or passage, accessible to the public, which is not owned by a private person.

6. As per Section 3 of the said Act, which deals with rights of the public for movement on