High Court Kerala High Court

M.Moidu Haji vs Director General Of Police on 21 December, 2009

Kerala High Court
M.Moidu Haji vs Director General Of Police on 21 December, 2009
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 36117 of 2009(S)


1. M.MOIDU HAJI, AANANDI HOUSE,
                      ...  Petitioner
2. POCKER HAJI THARAKKANDY,

                        Vs



1. DIRECTOR GENERAL OF POLICE,
                       ...       Respondent

2. STATE OF KERALA, REP. BY CHIEF SECRETARY

3. THE ADDITIONAL CHIEF SECRETARY,

                For Petitioner  :SRI.T.G.RAJENDRAN

                For Respondent  : No Appearance

The Hon'ble the Chief Justice MR.S.R.BANNURMATH
The Hon'ble MR. Justice A.K.BASHEER

 Dated :21/12/2009

 O R D E R
                S.R.Bannurmath, C.J. & A.K. Basheer, J.
                    ------------------------------------------
                         W.P.(C) No.36117 of 2009
                    ------------------------------------------
                Dated this the 21st day of December, 2009

                               JUDGMENT

A.K. Basheer, J.

Petitioners are stated to be President and Vice President

respectively of the Indian Union Muslim League, Kallachi Unit. They

are aggrieved by the alleged partisan attitude of the police towards the

workers of the political party to which they belong. They allege that their

party workers were targeted by the police in the recent group clashes that

took place in and around Nadapuram and Kallachi area between the

workers belonging to their party and the Communist Party of India

(Marxist). They pray for issue of a writ of mandamus or such other

appropriate writ, order or direction to respondents 2 and 3 to institute a

judicial enquiry into the incidents that happened in October, 2009 in the

two areas mentioned above.

2. When this writ petition came up for consideration before

us on the last occasion, we directed the learned Government Pleader to

get instructions and inform us the views of the Government in the matter.

W.P.(C) No.36117 of 2009

– 2 –

3. A statement has been filed by the Superintendent of

Police, Kozhikode Rural. The officer has tried to explain the action

taken by the police force to restore normalcy in the area. He has also

referred to the various crimes registered against the culprits involved in

the incidents.

4. But surprisingly, the Chief Secretary of the State

Government has not come out with any decision, if any, taken at the

highest level as regards the prayer for a judicial enquiry. However,

learned Advocate General submits that the Government is of the view

that no judicial enquiry is warranted in the matter. We leave it to the

wisdom of the Government. Hence we do not find any reason to

exercise our discretionary jurisdiction under Article 226 of the

Constitution of India and issue a direction to the Government to

institute a judicial enquiry.

The writ petition is closed.

S.R.Bannurmath,
Chief Justice

A.K. Basheer,
Judge
vns