NEW DELHI: The Supreme Court on Friday refused to entertain the Andhra Pradesh government’s plea challenging the High Court’s interim stay on GO 1, issued to restrict public meetings on highways and roads. A bench of CJI DY Chandrachud and Justice PS Narasimha observed that as the proceedings are now listed before the HC for a hearing on Monday, they will not inquire into the merits at this stage. “We’ll ask the HC Chief Justice to take up the matter,” the CJI remarked. The government had issued GO 1 on Janaury 2, 2023, refraining the police department from granting permissions for public meetings unless adequate reasons are provided.
The GO was passed after 11 people died in two stampedes during events addressed by TDP chief N Chandrababu Naidu. Senior advocate CS Vaidyanathan argued the vacation bench ought not to have taken up the matter due to the HC’s January 5 notification, which barred the vacation bench from hearing matters dealing with policy.
Contending that the court’s interim stay, dated January 12, 2023, was procedurally improper and erroneous on merits, the plea said, “The impugned GO is of a regulatory nature and is thus clearly an administrative and policy matter. Thus, any order passed by a vacation bench regarding the impugned GO, let alone staying its operation, is without jurisdiction since it is passed by coram non judice.” The plea further explained that the impugned GO is merely a set of clarificatory guidelines regarding exercise of power by the police under Section 30 of The Police Act.
Seeking a stay on the HC’s order, the State government argued that if the stay on the GO is allowed to continue, there will be more fatalities at these unchecked political rallies. It is duty of State to take measures to ameliorate these losses, the plea concluded.
Meanwhile, TDP chief N Chandrababu Naidu took to Twitter and said the SC’s response to the plea is a slap in the face of the State government. He sought to know why the government approached the apex court when the trial on the GO is underway in the High Court.“The government is wasting public money. It should withdraw the GO 1,” Naidu said.