By S A Ishaqui
Hyderabad, Jan. 5: The Praja Rajyam and the Bharatiya Janata Party approached the AP High Court challenging the Constitutional validity of the orders issued by the director-general of police banning road shows.
The DGP had issued a circular on December 12, 2008, prohibiting road shows on national and state highways and important artillery roads.
Mr Allu Aravind, general secretary of the PR, and the BJP Legislative Party leader, Mr G. Kishen Reddy filed the petitions.
The petitioners contended that the DGP had no power or jurisdiction under any of the laws which are in force. Public order and police are different entries in the Constitution, and making laws are the exclusive domain of the state government. The police Act 1861, cannot confer any power or authority on the police, who are functioning under local laws.
They argued that the circular had no statutory basis and it cannot be construed as an executive instruction under Article 162 of Constitution.
The petitioners further contended that "it is a settled law that a circular cannot over ride the statute. Circulars or administrative instructions cannot supplant the law, but they can only supplement it."
They submitted that prohibiting road shows and selectively limiting them to rural roads is arbitrary and violative of Article 14 of Constitution.
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