The Supreme Court on Wednesday agreed to hear on January 19 (Thursday) the Andhra Pradesh government’s plea against the State High Court’s order staying its (State government) decision restricting the public meetings on the roadsides.

A bench of Chief Justice D.Y. Chandrachud and Justice Pamidighantam Sri Narasimha posted the matter for hearing on Tuesday after Andhra Pradesh’s standing counsel Mahfooz Ahsan Nazki mentioned the State government’s plea against the High Court order seeking an early listing.

The High Court by an interim order on January 12, 2023, stayed the operation of January 2, 2023, State government’s order, holding prima facie, that the same is contrary to the procedure prescribed under Section 30 of the Indian Police Act, 1861.

The Andhra Pradesh government has said that in recent times, the State has been hit by a multitude of fatalities caused during political rallies and roadshows on public roads. The state government said that on January 28, 2022, eight people had died during a stampede in a political roadshow held in Kandukur in Nellore District.

The State Government has said it was prompted to issue the government order wherein it clarified/emphasized the steps to be taken by the police while regulating public meetings/demonstrations under Section 30 of the Indian Police Act.

By the said order, the State police was advised to desist from granting permissions for such public meetings unless adequate and exceptional reasons were provided by the organisers seeking permission to conduct such a meeting.

The Andhra Pradesh High Court was moved stating that the order restricting political gatherings or road shows was arbitrary and unconstitutional.

The Andhra Pradesh government has said that the recent instances of fatalities and such gathering causing inconvenience to public goes to show that the public safety and interest mandate that such meetings be avoided, unless in exceptional circumstances, and the January 2, 2023, order merely advises the police to act accordingly.

The State government said that if the stay on the government order is allowed to continue, there will be more fatalities at these unchecked and unregulated political rallies and it is the duty of the State to take measures to prevent such losses.