IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.M.JOSEPH & THE HONOURABLE MR. JUSTICE M.L.JOSEPH FRANCIS MONDAY, THE 26TH JULY 2010 / 4TH SRAVANA 1932 WP(C).No. 22838 of 2010(D) ------------------------------------- PETITIONER(S): -------------------- 1. P.A.NASSAR, S/O.ABDU, AGED 41 YEARS, PUTHUVEL PARAMBU HOUSE, ERAMAM, MUPPATHADOM.P.O., ALUVA. 2. ZEENATH, W/O.P.A.NASSAR, AGED 38 YEARS, PUTHUVEL PARAMBU HOUSE, ERAMAM, MUPPATHADOM.P.O., ALUVA. BY ADV. SRI.SUNNY MATHEW RESPONDENT(S): ------------------------ 1. THE ADDITIONAL SUPERINTENDENT OF POLICE, ALUVA-683 101. 2. THE SUPERINTENDENT OF POLICE (RURAL), ALUVA-683 101. 3. STATE OF KERALA, REPRESENTED BY THE CHIEF SECRETARY TO GOVERNMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695001. BY ADGP SRI.P.N.SUKUMARAN. GOVERNMENT PLEADER SRI.T.K.VIPINDAS THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 26/07/2010, ALONG WITH WPC NO. 22839 OF 2010 THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.M.JOSEPH & M.L.JOSEPH FRANCIS, JJ. ------------------------------------------------------ W.P.(C) No.22838 of 2010-D & W.P.(C) No.22839 of 2010-D ---------------------------------------------- Dated, this the 26th day of July, 2010 J U D G M E N T K.M.Joseph, J. Since similar questions are raised in these writ petitions they are disposed of by this common judgment. 2. Petitioners have approached this Court complaining of harassment by the police. Petitioners seek the following reliefs: “i) to declare that the action of the respondents 1 and 2 in orally directing the petitioners not to open M/s.Hiba Jewellery Perumbavoor, PMC XVII/1437 A & B (old No.XVII/1438), Jyothi Jn., P.P. Road, Perumbavoor amounts to harassment by the police. ii) to issue a writ of mandamus or any other appropriate writ order or direction commanding the respondents 1 and 2 and officers under them not to harass the petitioners when they open and conducts the business of M/s.Hiba Jewellery Perumbavoor, PMC XVII/1437 A & B (old No.XVII/1438), Jyothi Jn., P.P. Road, Perumbavoor.” 3. The case of the petitioners is that they are partners of M/s.Hiba Jewellery, Perumbavoor and one WPC 22838, 22839/2010 -2- Sri.Ayoob and his wife are the other partners of the said firm. It is stated that the said Ayoob and his wife were conducting the jewellery. Recently, the said Ayoob, it appears, happened to be involved in a criminal case wherein the Professor of Newman College, Thodupuzha was assaulted. Ayoob is the Division President of Popular Front of India, a registered organization. A gun was seized from the residential house of Ayoob. It is stated that to the knowledge of the petitioners licence is not required. Their further complaint is that police personnel came to the jewellery shop and conducted raid. Though nothing incriminating was seized from the jewellery Ayoob left out of fear of implication in false criminal cases. Respondents 1 and 2 told the petitioners to close down the shop. According to the petitioners the action of respondents 1 and 2 in directing the petitioners to close down the shop and the direction not to open the jewellery are absolutely illegal. It is stated that they have constitutional right to carry on the trade. It is further contended that the jewellery shop is no way connected with any criminal activity and merely because a partner of the shop was made an accused respondents 1 and WPC 22838, 22839/2010 -3- 2 have no manner of right to direct to close the jewellery. The further contention is that there is no written order. 4. A statement has been filed by the Assistant Superintendent of Police, Aluva wherein it is stated that a crime No.704/2010 has been registered for offences punishable under Section 143, 147, 148, 120(B), 341, 427, 323, 324, 326, 506 (II), 307 read with 149 IPC relating to the unfortunate incident of wrist amputation of Prof.T.J.Joseph of Newman College, Thodupuzha and a special team was constituted for the investigation of the case. It is revealed that certain activists of Popular Front of India were actively involved in the commission of crime. Searches were conducted and several crimes have been registered against various PFI activists. During the search of the house of Ayoob, a partner of the petitioners, some material objects like pamphlets, fake biodatas, diaries, passbooks, paper cover, news paper cuttings, CDs and a gun were seized and crime No.1837/10 and 1836/10 were registered against the said Ayoob. Subsequently, search is conducted in the jewellery shop and material objects like pamphlets, diaries, CDs. WPC 22838, 22839/2010 -4- promissory notes, signed blank cheques, loan application forms etc. were seized and crime No.1971/2010 under Section 420, 468, 34 IPC and Section 17 of Money Lenders Act was registered against the Ist petitioner in W.P.(C) 22838/2010 and the petitioner in the other writ petition and his partner. It is stated that petitioner Nasser is absconding. It is also stated that during search of the jewellery shop it is revealed that the jewellery and the CPU of the computer were removed from the shops raising serious doubts about the activities being carried on in the shops. Investigation of the cases has raised serious suspicion about the financial sources of the accused persons and these aspects are being probed. It is also stated that it is reasonably believed that the two shops were used as a cover to carry out illegal money transaction by the accused persons. It is stated that the said two shops will be under the surveillance of police throughout and there is no harassment from the police as alleged by the petitioner. 5. We heard the learned counsel for the petitioners and learned Additional Director General of Prosecutions. Learned ADGP reiterates his contentions and WPC 22838, 22839/2010 -5- he would submit that investigation in accordance with law may be permitted to be continued and that police have in fact not directed closure of the shops. We record the submission of the learned ADGP. We make it clear that conducting of jewellery shops will not prevent the authorities from investigating the matter in accordance with law and taking such steps as are found advisable and permitted as per law. (K.M.JOSEPH) JUDGE. (M.L.JOSEPH FRANCIS) JUDGE. MS