IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 27499 of 2009(Q)
1. NOUSHAD C.M.,S/O.MOHAMMED,
... Petitioner
2. ABDUL RAHIMAN THERUVATHU,
Vs
1. STATE OF KERALA,
... Respondent
2. STATE OF KERALA,
3. STATE OF KERALA,
4. SRI.ABDUL GAFOOR,
5. SRI.T.P.PREMARAJAN,
6. SRI.V.K.VISWAMBARAN,
7. SRI.RAMDAS POTHEN,
8. SRI.TOMIN THACHANKARI,
9. SRI.JACOB PUNNOOSE,
10. DISTRICT COLLECTOR,
For Petitioner :SRI.K.P.RAMACHANDRAN
For Respondent :GOVERNMENT PLEADER
The Hon'ble MR. Justice V.RAMKUMAR
Dated :09/06/2010
O R D E R
V. RAMKUMAR, J.
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W.P.(c).No.27499 of 2009
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Dated:09.06.2010
JUDGMENT
In this writ petition filed under Article 226 of the Constitution
of India, the petitioners, two in number, seek a direction to call for
the records in Crime No.671/2009 of Kasaragod Police Station, to
order a judicial probe by a retired High Court Judge, so as to make
an enquiry into the circumstances leading to the registration of the
above crime and to ensure punishment to such Police officers who
are found guilty pursuant to the judicial probe and to direct the
respondents to pay a sum of Rs.3,50,000/- to the 1st petitioner as
compensation for the damage sustained to his shop and the
movables therein.
2. According to the petitioners they were severely assaulted
and tortured by the Kasaragod Police on the eve of Ramzan on
20.09.2009 and the police was on the rampage.
3. The Superintendent of Police, Kasaragod has filed a
statement to the following effect:-
On 20.09.2009 at about 10.30 p.m. in the old bus stand
Kasaragod the named accused persons and about 500 other
W.P.(c).No.27499 of 2009
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identifiable youngsters formed themselves into an
unlawful assembly and busted crackers on the busy
public road, drove motor bikes across the road in a rash
and negligent manner, after dismantling the silencer
fitted to the two wheelers thereby making terrible sound.
Notwithstanding the directions by the Dy.S.P., Kasaragod
the mob did not stop their activities but instead shouted
against the Police, pelted stones and soda bottles towards
the Police party causing injuries to four police men and
causing damage to six police vehicles, a KSRTC bus and
five more police constables sustained injuries. Kasaragod
sub division is the most communally sensitive sub division
of the district mainly falling within the limits of the
Kasaragod Police Station. The Police also had intelligence
reports to the effect that on 20.09.2009, the R.S.S. have
planned to conduct a road march from Mallikarjuna
temple through new bus stand, old bus stand, M.G.Road
etc. On account of the said situation, sufficient Police
have been deployed in force to control the erupting
violence. At about 7 p.m. on 20.9.2009 several Muslim
youths assembled in the old bus stand creating problems
W.P.(c).No.27499 of 2009
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to the public by busting crackers and raising motor bikes
after dismantling the silencers thereon. They ignored the
lawful directions of the Police and about 500 agitators
thronged the old bus stand premises. From 8.30 p.m.
onwards they resorted to various provocative tactics such
as raising motor bikes, busting crackers etc. Even after
the closure of the shops in that area around 10 p.m. the
troublemakers continued their activity against the
Policemen who were deployed there. All lawful orders
given by the Police were disobeyed by the agitators. The
mob started attacking the Police from all sides resulting in
Policemen sustaining injuries and 6 Police vehicles and
one KSRTC bus got damaged due to the pelting of stones.
The situation was brought under control only by 12.00
midnight. Crime No.679/2009 was registered in the above
circumstances. During the course of investigation A6,
A11 and A13 to A17 alone were arrested and produced
before the Chief Judicial Magistrate, Kasaragod.
Consequent on another group of militant youth causing
damage to KSRTC bus yet another case was registered as
Crime No.672/2009 of Kasaragod Police Station. The
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agitators have damaged a mobile showroom bus owned by
the Kerala State Handloom Development Corporation
resulting in Crime No.674/2009 being registered against
the militant groups concerned. Unnecessarily throwing
lighted crackers to a crowd including women and
children, bursting crackers on public road, conducting
motor cycle race after dismantling the silencer pipes of
the motor cycle etc. were the acts of vandalism resorted to
by the Muslim youngsters.
After having unjustifiably caused breach of public
place by resorting to violence, the petitioners cannot
complain of Police atrocities. If at all the Police had hit
back, it was due to the conduct of the petitioners and the
other agitators themselves.
I am not inclined to grant any of the reliefs sought for by
the petitioners. This writ petition is accordingly dismissed.
Dated this the 9th day of June, 2010.
V. RAMKUMAR, JUDGE
sj