The bench also observed that the incident was "a clear case of breach of trust". (Representational)
The Kerala High Court on Thursday said that neither the ruling front nor the opposition in the state can be permitted to hold public meetings by blocking the right of way of the people on the roads and footpaths.
The observation by a bench of Justices Anil K Narendran and Muralee Krishna S came while asking the police who all participated in the CPI(M)'s Palayam area conference held outside the Vanchiyoor court complex and police station in Thiruvananthapuram city on December 5.
The bench also observed that since the government holds the roads as a trustee of the people, the December 5 incident was "a clear case of breach of trust".
The court asked the police why it was not able to identify the CPI(M) leaders and members who took part in the meeting and were seen on-stage in news reports.
It also asked what action was taken against them and whether their vehicles were seized.
It directed the Additional Advocate General to take instructions from the State Police Chief regarding the December 5 incident.
The bench also directed the SHO of the Vanchiyoor police station to submit a report by December 16, identifying the persons involved in the meeting and those who attended it.
"This is not something that can be taken lightly. The police should be in a position to discharge its duties. There can be no special criteria for the ruling front or the opposition," it added.
The court's directions and observations came on a plea seeking contempt of court proceedings against CPI(M) state secretary M V Govindan for allegedly violating judicial directions to not hold meetings by blocking public roads and road margins.
During the hearing, the court perused news videos of the incident and pointed out that the stage for the meeting was constructed right on top of the pedestrian/zebra crossing and completely blocked the carriageway on one side of the road.
The court also pointed out that school children, infants, elderly persons, among others were stuck in the traffic snarl caused on the carriageway on the other side of the road as it was the only available space for vehicles going in both directions.
It said that besides the various provisions of the Bharatiya Nyaya Sanhita (BNS) under which a case was registered by the police, provisions of various other laws, like the Motor Vehicles Act, would also be attracted.
"This (case) is not something that can be registered in a casual manner," the bench said.
The court also said that the police ought to have prevented the meeting and that even the Secretary of the Thiruvananthapuram Municipal Corporation had the powers to stop the conference as it was blocking the road.
The bench further said that after the December 5 incident, the very next day, a dharna was held outside the state secretariat by putting up carpets and chairs on the footpath and one side of the road to hold a dharna by an organisation affiliated with the CPI.
It said that the second incident also indicated "open flouting of court directions".
It said that it will consider initiating a case in connection with the second incident also.
On Wednesday, the Kerala's ruling CPI(M) had admitted that the area conference held outside the Vanchiyoor court by blocking the road was "avoidable".
CPI(M) MLA and Thiruvananthapuram district secretary V Joy had termed it as a "mistake" on the part of the area committee.
The police on Wednesday claimed that it registered a case on December 5 itself, under various provisions of the Bharatiya Nyaya Sanhita (BNS) for blocking the road, unlawful assembly and violation of court orders, in connection with the public meeting.
An officer of Vanchiyoor police station confirmed the registration of the case on December 5 and had said that around 30 people were arrested and then released on station bail as the offences alleged against them carried punishments of less than 7 years. "We also seized the materials used to construct the stage," the officer had said.
(Except for the headline, this story has not been edited by NDTV staff and is published from a syndicated feed.)