SC transfers CPI-M's plea against removal of flag poles to another bench

New Delhi | The Supreme Court on Monday transferred to another bench a plea filed by the Communist Party of India (M) challenging the Madras High Court's order for the removal of permanent flag poles of political parties from public places in Tamil Nadu.

A bench comprising Justices JK Maheshwari and Vijay Bishnoi noted that a similar petition was heard by a bench headed by Justice Vikram Nath.

"List this matter before the coordinate bench consisting of Justice Vikram Nath and if needed, appropriate orders may be taken from the Chief Justice of India," the bench said.

The Madras High Court had earlier upheld the order passed by a single bench of the court directing all political parties and community and religious organisations to remove within 12 weeks permanent flagpoles erected by them at public places across Tamil Nadu.

The CPI(M), in its plea before the high court, had contended that it had been the revolutionary vanguard of the working class in the country and it was important both for the party as well as its affiliated body, Centre of Indian Trade Unions, to remain connected with the masses through the pictorial representations on their flags.

The plea said the high court's sweeping directions amounted to "impermissible judicial legislation" and resulted in the violation of fundamental rights.