The Andhra Pradesh High Court on May 12 struck down the G.O. No. 1 issued by the State government as it was in violation of the fundamental rights enshrined in the Constitution.
The government had issued the G.O. on January 2 in the wake of two stampedes witnessed during the rallies organised by the Opposition Telugu Desam Party (TDP) at Kandukur and Nellore.
The government had then said that the G.O. was aimed at “regulating the rallies and meetings on public roads and highways.”
Subsequently, Communist Party of India (CPI) State secretary K. Ramakrishna challenged the G.O. No. 1 in the High Court.
TDP Polit Bureau member Kollu Ravindra, Andhra Pradesh Congress Committee president Gidugu Rudra Raju, and former Minister Kanna Lakshminarayana too filed writ petitions challenging the G.O.
During the earlier hearing, the government had contended that the G.O. did not prohibit, or ban any public gathering, but would only regulate such meetings by making prior permission mandatory, keeping in view the stampedes.
The High Court, however, observed that the G.O. was prima facie in violation of Section 30 of the Police Act, and stayed its operation till January 23, while directing the State government to file a counter affidavit by January 20.
While the vacation Bench had given a stay on the G.O., the Bench of the Chief Justice lifted the stay, stating that the “vacation Bench exceeded its limits and the vacation Judge acted as a de facto Chief Justice.”
Meanwhile, challenging the interim stay on the G.O., the government had filed a Special Leave Petition (SLP) in the Supreme Court, in which it contended that the G.O. was issued to prevent instances such as a stampede, and prayed the apex court to vacate the stay.
The Supreme Court Bench, comprising Chief Justice of India D.Y. Chandrachud, accepted the petition and posted the matter for hearing on April 24. After hearing the matter, the Supreme Court had directed the Andhra Pradesh High Court to give its verdict on the issue at the earliest.
The Andhra Pradesh High Court on May 12 struck down the G.O. 1.
Mr. Ramakrishna and BJP State president Somu Veerraju and general secretary S. Vishnuvardhan Reddy welcomed the High Court order.
