Kerala High Court: In a writ petition filed by a Society registered under the Travancore Cochin Literary Scientific and Charitable Endowment Act, challenging the order issued by the police directing the petitioner to remove the effigy of “Pappani” at the Veli ground in Fort Kochi within a time frame, Harisankar V. Menon, J. permitted the burning of the ‘Pappani’ effigy for the New Year celebrations this year. However, extending the safety precautions the Court determined that, due to the height of the effigy, over 35 ft, the safety barricade should be extended to a 70 ft circumference from the base of the effigy for enhanced public safety.
Issues
i) Whether the contention of the petitioner that the effigy was being installed and burned during the previous years can be accepted?
ii) Whether the petitioner is entitled to burn the effigy, in the light of the clearances obtained by the petitioner from the respective Government Departments?
Analysis and Decision
The petitioner contended that it has been erecting an effigy of “pappani” from time immemorial at the Veli ground in Fort Kochi and burning the same during the midnight of 31st December/1st January, every year.
The Court acknowledged that the petitioner had already obtained the necessary clearances from relevant government departments and municipal authorities.
The Court, in its opinion, emphasized that the petitioner should not be obstructed from proceeding with the burning, provided adequate safety precautions are in place.
The Court said that the safety precautions noticed in the affidavit are sufficient enough, except the safety barricade being put up at a distance of 42 ft circumference. The Court noted a modification in the safety measures outlined in the petitioner’s affidavit, particularly regarding the safety barricade. While the affidavit suggested a 42 ft safety barricade circumference, the Court determined that, due to the height of the effigy, over 35 ft, the safety barricade should be extended to a 70 ft circumference from the base of the effigy for enhanced public safety.
The Court further granted an interim stay of the relevant order and directed that the modified safety precautions be implemented.
The case is set to be heard again on 13-01-2025.
[Gala De Fort v. Assistant Commissioner of Police, 2024 SCC OnLine Ker 7529, Decided on 27-12-2024]
