PART I EXTRAORDINARY

GOVERNMENT OF ANDHRA PRADESH

ABSTRACT

Home Department –Public Meetings/Assembly - on roads and Road sides/margins

Issue of directions under the Police Act 1861 - Orders –Issued

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HOME (LEGAL.II) DEPARTMENT

G.O. Rt.No.01

Dated:02.01.2023

Read:

The Police Act, 1861 (5 of 1861), dated:22.03.1861.

ORDER:

It is brought to the notice of the Government that several fatal incidents

involving loss of life and injury and inconvenience is being caused to general public

due to public meetings/ gatherings on roads and Road margins. Of recent occurrence,

is the unfortunate incident of loss of lives of 8 persons, in a meeting at Kandukuru,

Nellore District on account of the public meeting of a political party being held on a

road. The conduct of Assembly and processions on public roads and public streets is

regulated under the provisions of the Police Act, 1861.

2.

Section 3 of the Police Act, 1861 reads as under:

3. Superintendence in the State Government: - The superintendence of the police

throughout a general police-district shall vest in and shall be exercised by the State

Registered No. HSE-49/2016

No.77

AMARAVATI, FRIDAY, JANUARY 20, 2023

G.3400

NOTIFICATIONS BY GOVERNMENT

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Government to which such district is subordinate, and except as authorized under the

provisions of this Act, no person, officer or, Court shall be empowered by the State

Government to supersede or control any police functionary.

3. Section 30, 30A and 31 of the said Act read as under:

30. Regulation of public assemblies and processions and licensing of the same:- (l) The

District Superintendent or Assistant District Superintendent of Police may, as occasion

requires, direct the conduct of all assemblies and processions on the public roads, or in

the public streets or thoroughfares, and prescribe the routes by which, and the times

at which, such processions may pass.

(contd. P.2)

:: 2 ::

(2) He may also, on being satisfied that it is intended by any persons or class of

persons to convene or collect an assembly in any such road, street or thoroughfare, or

to form a procession which would, in the judgment of the Magistrate of the district, or

of the sub-division of a district, if uncontrolled, be likely to cause a breach of the

peace, require by general or special notice that the persons convening or collecting

such assembly or directing or promoting such procession shall apply for a license.

(3) On such application being made, he may issue a license, specifying the names of

the licensees and defining the conditions on which alone such assembly or such

procession is to be permitted to take place, and otherwise giving effect to this section:

Provided that no fee shall be charged on the application for, or grant of any such

license.

(4) Music in the streets:- He may also regulate the extent to which music may be used

in streets on the occasion of festivals and ceremonies.

30A. Powers with regard to assemblies and processions violating conditions of

licence:- (1) Any Magistrate or District Superintendent of Police or Assistant District

Superintendent of Police or Inspector of Police or any police-officer in charge of a

station may stop any procession which violates the conditions of a license granted

under the last foregoing section, and may order it or any assembly, which violates any

such conditions, as aforesaid, to disperse. (2) Any procession or assembly which

neglects or refuses to obey any order given under the last preceding sub-section, shall

be deemed to be an unlawful assembly.

31. Police to keep order on public roads, etc:- It shall be the duty of the police to keep

order on the public roads, and in the public streets, thoroughfares, ghats and landing

places, and at all other places of public resort, and to prevent obstructions on the

occasions of assemblies and processions on the public roads and in the public streets,

or in the neighbourhood of places of worship, during the time of public worship, and in

any case when any road, street, thoroughfare, ghat or landing-place may be thronged

or may be liable to be obstructed.

4.

It is to be noticed that both processions which pass through the public streets

and public roads as well as Assemblies are regulated under the Act on the touchstone

of ensuring access to the general public to such roads and streets for public safety

and public peace.

(contd. P.3)

:: 3 ::

5. Broadly, the Statutes recognize roads and public streets to be an alternative

expression and the reference in this regard could be seen from the definition of the

public road under Section 2(33) of AP Panchayat Raj Act,1994 and Section 2(31) of

the AP Municipalities Act, 1965, Section 2(46) and 2(52) of the HMC Act, 1955 as

adapted by the State of AP and as applicable to AP Municipal Corporations Act, 1994.

The said definitions would comprehend the roads declared as State and the National

Highways, including road margins, drains attached to any such Street etc.

6.

In this regard, the Government have observed that public meetings on such

roads cause huge inconvenience to the general public and the conduct of such public

meetings also have proven to lead to injuries and deaths. The immediate context is

the incident at Kandukuru on 28.12.2022 wherein 8 persons were found dead in a

stampede, where a magisterial enquiry has been ordered. It is noted that in such

roadside meetings, in which people congregate on road margins also, crowd control is

not effectively undertaken by reason of the narrow roads, absence of multiple exit

points and sudden surge of the crowd towards the Speaker, unregulated number of

the participants in the crowd by the organisers, last-minutes changes to the locations

on the road etc. Holding of meetings on public roads or road margins is leading to

deaths, creating traffic obstructions and causes heavy obstruction to vehicular traffic

and police take a long time to control the situation. In view of this, the sick people,

the aged, the pregnant women, and the injured in accidents being taken to hospitals

suffer for want of immediate medical access.

7.

It is the police machinery of the State which is empowered under law to

regulate the said activity in public interest, while being cognizant of the fact that there

is a fundamental right to peaceful assembly under Article 19(1)(b) of the

Constitution. The right to conduct a public meeting on public roads and streets, is a

subject matter of regulation, as the Section 30 of the Police Act, 1861 itself mandates.

Having regard to the frequency of such public meetings being organized on public

roads and Streets, more so by political parties, and the likelihood of congregation of

unregulated number of citizens participating in the said meetings, and the

concomitant inconvenience to the general public, it is necessary that due regard be

had to the recent incidents of loss of life.

(contd. P.4)

:: 4 ::

8.

In exercise of powers under Section 3 of the Police Act, 1861, Government

opine that the respective Authorities under Section 30 of the Act, while considering

any applications for conduct of public meetings on public roads and Streets, duly bear

in mind the possibility of recurrence of the events as have transpired in Kandukuru

and regulate the grant of licence under Section 30 of the Act with due safeguards for

public safety :

National Highways and State Highways are designed for high speed

connectivity across the country to ensure logistical integration. Any disruption

on the National highways and State Highways has a ripple effect on the

movement of logistics across the State and the country. It is therefore

ideal that no licence be granted for any application seeking permission to

conduct a meeting on State Highways and National Highways. By and large,

alternative locations for such congregation would be available by way of public

grounds and the applicants may also be suggested to locate alternative private

places for the purposes of such meetings in order to mitigate hardship to the

people at large. However, in rare and exceptional circumstances and for

reasons to be recorded in writing, any application could be considered.

Municipal roads and Panchayat roads are narrow and are meant for free

movement of the people staying in the local area and any obstruction due to

meetings on these roads endangers lives, disrupts the civic life, emergency

services, causing inconvenience to the general public. Only in rare and

exceptional circumstances, and for reasons to be recorded in writing, the

applications for grant of permission for public meetings may be considered.

The authority should avoid permitting such meetings on public roads but in

rare circumstances, while dealing with the subject matter, shall be guided by

the width of the road, the duration of the meeting, the location of the venue,

exit points, number of people likely to attend the meeting, crowd control

measures etc.

(contd. P.4)

:: 5 ::

The Police may suggest alternative locations away from public roads subject to

condition that the meetings should not obstruct free flow of traffic on public

roads and for the safety of the travelling public. It is also advisable that the

district administration and the police machinery upon request for such

meetings, forthwith identify designated places in their respective jurisdiction,

away from public roads, for conduct of public meetings, which do not hamper

the flow of traffic, public movement, emergency services, movement of

essential commodities, etc.

9.

The Director General of Police (HoPF), Andhra Pradesh, Mangalagiri shall take

necessary action accordingly.

(BY ORDER AND IN THE NAME OF THE GOVERNOR OF AHDHRA PRADESH)

HARISH KUMAR GUPTA

PRINCIPAL SECRETARY TO GOVERNMENT

To

The Director General of Police (HoPF), Andhra Pradesh, Mangalagiri.

Copy to:

All the Superintendent of Police in the State.

The OSD to Minister for Home.

The PS to Principal Secretary to Home.

SC/SF.

//FORWARDED::BY ORDER//

SECTION OFFICER