Lawfully Yours: By Retired Justice K Chandru | Removal of flag posts easier said than done, HC should have shown restraint

Removal of flag posts easier said than done, HC should have shown restraint

Only recently, we saw a ruling from the Madras High Court setting April 21 as the deadline to remove all flagpoles of political parties from national and state highways and public places across the state, including Chennai city. The first bench comprising Chief Justice KR Shriram and Justice Mohammed Shaffiq passed the order while disposing of a PIL moved by advocate Rakesh, seeking the removal of a political party's flagpole installed on a footpath in Royapuram. Could you let me know if this has made any impact? Even now, we see parties putting up flag posts and illegal flex boards. Most importantly, these violations mostly happen from the ruling party, which allows other politicians to flout the rules as well. The HC had said that if such things continue to happen, it will be considered contempt of court, but unfortunately, it continues to happen. If a court is not obeyed, who else can enforce the law?

-- Ravikumar, Madhavaram, Chennai

Removal of flag posts is easier said than done. Entertaining a PIL, the High Court should not have embarked on such a move. How does a political party show its presence in a village, municipality, or Corporation? I can understand where they are hazardous or creating traffic bottlenecks. Putting up flag poles and raising flags for occasions was a practice right from colonial days. The HC order does not give any credible reason or mention the denial of rights in a political democracy.

They have failed to realise that the Specific Relief Act has forbidden, under Section 14, that courts should not grant injunctions where its minute observance is impossible. They should have shown some self-restraint while passing such orders. The flagpoles are in such numbers that it is impossible to remove them by a judicial fiat.

Grants given to Univs hardly enough to meet salary components of staff

The financial crisis at Madras University has come to such an extent that it failed to pay the May salary to its staff on the last working day of the month. The pension for the same period was also not disbursed in time. As a result, the employees and pensioners who rely on a monthly salary and pension have been severely affected. Who should be taken to task on the matter? And what are the options, including legal, left before the affected staff?

-- Baranidharan R, Chepauk, Triplicane

Funds for universities have come down drastically over the years. It has reached zero budgeting. The grants given are hardly enough to meet the salary components of teachers and other staff. The surplus that most universities make is from distance education programmes. There is very little funding for higher education. In the New Education Policy (Rajiv Gandhi govt) of 1986, the government made it clear that funding higher education is not its policy anymore. Starting many universities with no proportionate funding will result in shutting down academic activities and an increase in several deemed universities and private universities only.