No one is above law, not even those in power: Kerala HC

PTI, Dec 21, 2021, 9:46 AM IST

No one is above the law, not even those in power, 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.

”No matter how high a person you are, the law is above you,” Justice Devan Ramachandran said and added that people in power, who understand the laws and the government, should be held more accountable.

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.

The court was hearing a matter related to encroachment of public land.

In another matter, where a cooperative society has alleged that a particular political party was illegally putting up flags and banners on its land, the court was told by the state government that action was being taken by some District Collectors (DCs) against illegal flag poles in the state and others will also do so.

The state sought more time to place on record the action taken by all the DCs.

The court, subsequently, listed the matter for hearing in January next year and 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.

”What is illegal should be treated as such,” the court said.

The court had previously directed all DCs in the state to take action under the Land Conservancy Act against the illegal flag masts.

On November 15, the court had given 10 days’ time for people to remove the illegal flag poles. On November 25, it directed the government to invoke provisions of Land Conservancy Act against all flag masts numbering 42,337 in the State.

The court had said that if any new flag masts are erected illegally and not removed by the competent authorities, the latter would have to face the consequences mandated under the law.

On November 1, the court passed an interim order directing that no illegal flag poles or masts be put up while the issue was being examined by it.