Vijayawada: Andhra Pradesh High Court Chief Justice Prashant Mishra has raised the bench for behaving like a ‘de facto chief justice’ and acting beyond his bounds vis -to his recent order on GO-I regarding restrictions on public meetings on roads and highways in PA.

The vacation bench cheapened the position of chief justice by taking over the case and granting an interim stay to GO-1, the chief justice pointed out.

The High Court declined to extend the interim order on GO-1 and would hear the case on Tuesday.

A division bench of Chief Justice Prashant Mishra heard the case here on Monday and pointedly asked the holiday bench what urgency was involved in filing the lunch motion and resuming the hearing in the case GO-1. He further inquired whether the petitioner had organized a dharna or a demonstration asking that he be allowed to file a petition for lunch in court.

If every High Court Holiday Bench took a matter saying it was important, what would happen to the judicial institution, the Chief Justice asked, and reasoned that ‘every Holiday Court Judge would become a Chief Justice in the event that such a practice is permitted to follow.”

The Chief Justice strongly criticized the Holiday Bench for resuming the hearing in the case and said he saw no urgency in the case. “I know everything that’s going on and how things went that day the vacation bench issued the provisional suspension.”

The state government lawyer argued that the government had issued GO-1 imposing restrictions on public meetings and gatherings, “in a clear balance between the fundamental rights of citizens and the public interest”.

“No citizen is entitled to claim an acquired fundamental right to hold a meeting on the public highway”, he underlined.

The lawyer argued that the state government had not banned any public meetings on public roads and only regulated the conduct of such meetings by issuing guidelines and standards. The lawyer stated that there was no ban on processions and roadshows nor did the petitioner argue that there was a ban on public processions and roadshows.

The lawyer argued that the state government had appointed a commission of inquiry into the recent stampede deaths and was awaiting the report. ‘There is no basis for the petitioner’s claim that the GO breached the basic rights of the people to speak or assemble.’

A few days ago, the Supreme Court declined to intervene in the case and ordered the regular bench of the AP HC to resume hearing.

The state government had issued GO-1 after 11 people were killed in a stampede in Kandukur in Nellore district and Guntur during the meeting held by TD chief Nara Chandrababu Naidu.

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