CPI Moves Supreme Court Against Madras High Court Order Mandating Removal of Permanent Political Flagpoles in Tamil Nadu

The Communist Party of India (CPI) has approached the Supreme Court challenging the Madras High Court’s direction ordering the removal of all permanent flagpoles of political parties from public places across Tamil Nadu.

A Bench comprising Justice JK Maheshwari and Justice Vijay Bishnoi directed that the matter be placed before a Bench led by Justice Vikram Nath, which had previously heard a connected case on the same issue. Accordingly, the matter was adjourned.

The Special Leave Petition (SLP) challenges an August 13 order of a Full Bench of the Madurai Bench of the High Court, comprising Justices S.M. Subramaniam, R. Vijayakumar, and S. Sounthar, which had upheld the earlier single-judge direction (passed in January 2024) requiring the removal of permanent flagpoles from public land.

The Supreme Court noted that in August 2024, it had already dismissed another SLP challenging a Division Bench’s March order affirming the single-judge ruling.

However, it also observed that another Bench led by Justice Vikram Nath had since issued notice in a similar petition, and therefore directed that the CPI’s plea be heard by the same Bench “for consistency.”

The Bench stated, “List this matter before the coordinate Bench consisting of Justice Vikram Nath and, if needed, appropriate orders may be taken from the Chief Justice.”

The case has a complex procedural history. In March 2024, a Division Bench of the Madurai Bench had confirmed the single-judge order for the removal of political flagpoles from public areas. While the Supreme Court dismissed an appeal against that order in August 2024, another Division Bench of the High Court, while hearing a similar appeal in June 2024, expressed reservations about the earlier decision, noting that previous rulings had allowed flagpole installations without specific permissions.

The matter was then referred to a Full Bench, which in August concluded that no further adjudication was necessary since the Supreme Court had already upheld the earlier Division Bench order.

In its SLP filed through M/s Ram Sankar and Co, the CPI has argued that the earlier dismissal by the Supreme Court was in limine (at the threshold) and hence does not attract the doctrine of merger, allowing the High Court to independently examine the issue on merits.

The party contends that the High Court’s “sweeping directions” amounted to impermissible judicial legislation and infringed fundamental rights guaranteed under Articles 19(1)(a) (freedom of speech) and 19(1)(c) (freedom to form associations).

The CPI further claimed that the impugned orders were passed without hearing political parties, making them unconstitutional.

The original order by Justice G.K. Ilanthiraiyan of the Madurai Bench had directed all political parties and organizations to remove permanent flagpoles erected on public land, highways, and government property within 12 weeks, failing which authorities could remove them and recover costs from the concerned parties.

The Court had clarified that political parties were free to erect flagpoles on private land during campaigns or public events, provided they adhered to local rules and removed the structures thereafter, restoring the area to its original condition.

It had also directed the Tamil Nadu Government to frame rules governing the installation of flagpoles on private property.