IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.BALAKRISHNAN NAIR & THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN WEDNESDAY, THE 23RD JANUARY 2008 / 3RD MAGHA 1929 WP(C).No. 1689 of 2008(A) ------------------------- PETITIONER: ------------ A.NAZEER, S/O. ABDUL AZEEZ, AGED 42, PUNNACKAL, NAVAROJI PURAYIDOM, LEJJATH WARD, ALEPPEY. BY ADV. SRI.P.M.HABEEB RESPONDENTS: ------------- 1. SUB INSPECTOR OF POLICE, SOUTH POLICE STATION, ALAPPUZHA. 2. SUPERINTENDENT OF POLICE, ALAPPUZHA. 3. DIRECTOR GENERAL OF POLICE(LAW & ORDER), POLICE HEAD QUARTERS, THIRUVANANTHAPURAM. 4. A.M.NAZEER, FIRDOUZ, ZACHARIA BAZAR, ALAPPUZHA. 5. SHAJI MOOSA, SECRETARY, CHIRAKKODE MASJID MAHAL, CHUNGOM. R1 TO R3 BY GOVT. PLEADER SRI. BENJAMIN PAUL R5 BY ADV. SRI.K.A.HASSAN SRI.K.P.MEHABOOB SHERIFF SMT.V.K.ANJU ADV. SRI.M.P.MADHAVANKUTTY R4 BY ADV. SRI.E.RAFEEK THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 23/01/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C) 1689/08 Appendix Petitioner's Exts: Ext.P1 copy of the notice dated 31.12.2007 issued by the President of the Lajjanathul Mohammedeeya. Ext.P2 copy of the notice issued against the petitioners and other office bearers of the Samrakshana Samithy. Ext.P3 copy of the representation dated 12.1.2008 submitted by the petitioner to the 2nd respondent. Ext.P4 photocopy of the notice of the so called meeting held on 18.1.2008. Ext.P5 photocopy of the complaint before the Alappuzha South Police Station against the 4th respondent and others dated 20.1.2008. Ext.P6 photocopy of the receipt issued by the police station dated 20.1.2008. K.Balakrishnan Nair & P.N.Ravindran, JJ. ======================== W.P(C).No.1689 of 2008 ======================== Dated this the 23rd day of January, 2008. JUDGMENT Balakrishnan Nair,J. The petitioner has approached this Court seeking police protection to his life on the ground that respondents 4 and 5 are trying to kill him. The facts of the case as stated by the petitioner are as follows: 2. The petitioner is a social worker and is the Central Committee member of Lajjanathul Mohammedeeya Samrakshana Samithy, which is a social organisation. The petitioner questioned certain financial irregularities committed by the office bearers of the said organisation. Thereafter, the fourth respondent held a meeting of the Muslim organisations by issuing Ext.P1 notice. After the meeting, he has issued Ext.P2 notice in which there is a veiled threat to eliminate the petitioner. In the last paragraph of Ext.P2, it is stated that heavy and strong action has to be taken against certain persons. The petitioner submits, W{(C) 1689/08 -: 2 :- the said threat is directed against him. Thereafter, on the night of 5.1.2008 they have put slaughtered animal's waste into the courtyard of the petitioner's residence. On the next day, the petitioner was attacked by respondents 4 and 5. On the basis of the complaint filed by the petitioner, a crime has been registered against them. Later, on 18.1.2008 a public meeting was held by the Jama-ath Council in which threatening speeches were made against the petitioner. On 19.1.2008, the petitioner's wife was telephoned and she was told that she will become a widow soon. In the above background, though the petitioner moved the police for protection, no help was forthcoming. Hence, this writ petition seeking police protection to his life and that of his family members. 3. The learned Government Pleader upon instructions submitted that the allegations made by the petitioner in Ext.3 complaint against the fifth respondent are correct. The police is keeping surveillance in the area to prevent breach of peace. Respondents 4 and 5 have filed separate counter affidavits denying the allegations made against them and also making counter allegations against the petitioner. According to them, the W{(C) 1689/08 -: 3 :- petitioner attacked the fifth respondent and a crime is already registered against him based on the incident which took place in the courtyard of the Wakf Tribunal at Kollam. 4. Having regard to the nature of the allegations and counter allegations, we feel that the direction issued by us to the police to keep surveillance in the area to maintain law and order should be continued. It is ordered accordingly. We do not think, it is appropriate to issue a direction in favour of one side or other. If any report regarding cognisable offence is received, the police shall look into that and take appropriate action to maintain law and order. Writ petition is disposed of as above. K.Balakrishnan Nair, Judge. P.N.Ravindran, Judge. ess 23/1