IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 13586 of 2008(P)
1. NOOR MUHAMMDIYA JAMA ATHU
... Petitioner
Vs
1. THE SUPERINTENDENT OF POLICE
... Respondent
2. THE DEPUTY SUPERINTENDENT OF POLICE
3. ABDUL RASHI, CIRCLE INSPECTOR OF POLICE
4. NOORUL - HUDA JAMA ATHU
For Petitioner :SRI.V.SETHUNATH
For Respondent :SRI.ESM.KABEER
The Hon'ble MR. Justice K.BALAKRISHNAN NAIR
The Hon'ble MRS. Justice M.C.HARI RANI
Dated :30/06/2008
O R D E R
K.BALAKRISHNAN NAIR &
M.C.HARI RANI, JJ.
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W.P.(C) NO. 13586 OF 2008-P
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Dated 30th June, 2008.
JUDGMENT
Balakrishnan Nair, J.
After hearing both sides, we passed the following interim order in this
writ petition:
“Heard. The petitioner is a Jama-ath consisting of more than
200 families. They submit 14 families broke away from the
Jama-ath and has formed a rival Jama-ath, the 4th respondent.
According to the petitioner, the 4th respondent is supporting
fundamentalism and giving training to young people, in arms.
Their activities are a threat to religious amity in the area. They
have attacked the members of the petitioner on 15.4.2008 and a
crime has been registered against them for the commission of
offences, including the one under Section 308 IPC. Their threat
is continuing even now. Therefore, the petitioner prays for
necessary police protection.
2. The 4th respondent has filed a counter affidavit,
denying all the allegations against them. The said respondent
points out that at present 45 families are its members. They say,
they are not spreading any fundamentalism and they are not
giving training to the youth, in arms. The 2nd respondent has
filed a counter affidavit, in which it is submitted that two cases
have been registered as case and counter case against both
factions and police patrolling is provided in the area to prevent
communal clash. The additional 5th respondent prayed for two
weeks time to file a statement as directed by the Court.
WPC 13586/08 2
Having regard to the facts of the case, the police is
directed to continue its surveillance in the area. If any
complaint is received regarding threat or commission of a
cognizable offence, the police shall properly enquire into the
same and take effective steps to maintain law and order.”
In view of the above interim order, no further orders are required in this
Writ Petition. Accordingly, it is disposed of, maintaining that order.
K.BALAKRISHNAN NAIR, JUDGE.
M.C.HARI RANI, JUDGE.
Nm/