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