"No one is above law, not even those in power": Kerala High Court on non-abidance of its order banning new flag poles

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"No one is above the law, not even those in power," Justice Devan Ramachandran of the Kerala High Court said on Monday while directing the state government to take action against those who erect illegal flag poles irrespective of their affiliations.

The observations by the Court came after it found violation of its order not to erect any more flag poles illegally in Kerala, by the ruling party in the state.

“I am not concerned by the colour of the flag, here it is red. This is a blatant violation. We can understand if common people or those not in power or those in the opposition do this. But should those in power do this,” the judge asked the state government.

The judge also said that there were attempts by some people to tie him with a particular party or term him as a “sanghi” and added that neither he nor the High Court can be cowed down by such attempts.

In an earlier hearing, Justice Ramachandran directed the state government not to permit the installation of new flag poles or posts on public places and roads without obtaining permission from the competent authorities.

Justice Ramachandran had also directed the government to invoke provisions of Land Conservancy Act against all illegally erected flag poles - which number 42,337 - in Kerala.

Justice Ramachandran directed all DCs to act as per its orders in its “true spirit” and without looking at the background or affiliation of the perpetrators or entity. The matter is listed for hearing in January next year.

Cause Title: The Mannam Sugar Mills Cooperative Ltd. vs Deputy Superintendent Of Police