IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HON'BLE THE CHIEF JUSTICE MR.J.CHELAMESWAR & THE HONOURABLE MR. JUSTICE ANTONY DOMINIC MONDAY, THE 18TH JULY 2011 / 27TH ASHADHA 1933 WP(C).No. 17280 of 2009(S) -------------------------- PETITIONERS: --------------- 1. A.KUNJIKOYA THANGAL, ARANAKKADA HOUSE, KAVARATTI, UNION TERRITORY OF LAKSHADWEEP. 2. P.P.ABOOSALIH, PALLIPPURA HOUSE, KILTAN ISLAND, UNION TERRITORY OF LAKSHADWEEP. BY ADV. SRI.K.SASIKUMAR RESPONDENTS: ----------------- 1. UNION TERRITORY OF LAKSHADWEEP REPRESENTED BY ITS ADMINISTRATOR, KAVARATTI. 2. DISTRICT MAGISTRATE, UNION TERRITORY OF LAKSHADWEEP KAVARATTI. 3. SUPERINTENDENT OF POLICE, UNION TERRITORY OF LAKSHADWEEP KAVARATTI. 4. UNION OF INDIA REPRESENTED BY THE SECRETARY TO GOVERNMENT, MINISTRY OF HOME AFFAIRS, GOVERNMENT OF INDIA, NEW DELHI. R1 TO R3 BY ADV. SRI.S.RADHAKRISHNAN,SC,LAKSHADWEEP ADMN. R4 BY ADV. SRI.P.PARAMESWARAN NAIR,ASST.SOLICITOR SRI.CYRIAC KURIAN, CGSC THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 18/07/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 17280 of 2009(S) APPENDIX PETITIONERS' EXHIBITS: EXT.P1 : TRUE COPY OF THE ORDER DATED 11.11.1994 ISSUED BY THE 3RD RESPONDENT. EXT.P2 : TRUE OCPY OF THE ORDER DATED 12.02.2004 ISSUED BY THE 3RD RESPONDENT SUPERINTENDENT OF POLICE. EXT.P3 : TRUE COPY OF THE ORDER DATED 25.05.2004. EXT.P4 : TRUE COPY OF THE ORDER DATED 16.07.2004. EXT.P5 : TRUE COPY OF THE ORDER DATED 27.11.2004. EXT.P6 : TRUE COPY OF THE ORDER DATED 15.03.2005. EXT.P7 : TRUE COPY OF THE ORDER DATED 16.11.2005. EXT.P8 : TRUE COPY OF THE ORDER DATED 20.05.2006. EXT.P9 : TRUE COPY OF THE ORDER DATED 18.11.2006. EXT.P10 : TRUE COPY OF THE ORDER DATED 16.02.2007. EXT.P11 : TRUE COPY OF THE ORDER DATED 05.11.2008. EXT.P12 : TRUE COPY OF THE ORDER DATED 23.02.2009. EXT.P13 : TRUE COPY OF THE ORDER DATED 23.05.2009. EXT.P14 : TRUE COPY OF THE CHARGE SHEET DATED 15.08.2005 IN PETTY CASE NO.11/2005 OF KAVARATTI POLICE STATION. EXT.P15 : FREE ENGLISH TRANSLATION OF EXT.P14 IN MALAYALAM. EXT.P16 : TRUE COPY OF THE JUDGMENT DATED 08.02.2007 PASSED BY THE JUDICIAL FIRST CLASS MAGISTRATE COURT, ANDROTT IN STC.9/06. EXT.P17 : TRUE COPY OF THE REPRESENTATION DATED 22.06.2000 SUBMITTED BY THE 2ND PETITIONER BEFORE THE 1ST RESPONDENT. EXT.P18 : TRUE COPY OF THE REPRESENTATION DATED 22.06.2005 FORWARDED BY THE LAKSHADWEEP GOVERNMENT EMPLOYEES UNION BEFORE THE 1ST RESPONDENT. EXT.P19 : TRUE COPY OF THE REPRESENTATION DATED 04.02.07 SUBMITTED BY ONE HAJA HUSSAIN C.H. TO THE 1ST RESPONDENT. EXT.P20 : TRUE COPY OF THE NEWS ITEM PUBLISHED IN MALAYALA MANORAMA DAILY DATED 16.03.2008. WP(C).No. 17280 of 2009(S) EXT.P20(A) : FREE ENGLISH TRANSLATION OF EXHIBIT P20. EXT.P21 : TRUE COPY OF THE REPRESENTATION DATED 5.5.08 FORWARDED BY THE 1ST PETITIONER TO THE 4TH RESPONDENT. /TRUE COPY/ PA TO JUDGE J.Chelameswar, C.J. & Antony Dominic, J. - - - - - - - - - - - - - - - - - - - - - - - - - - - - W.P.(C) No. 17280 OF 2009 - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 18th day of July, 2011 JUDGMENT J.Chelameswar, C.J. The writ petition is filed with the prayers as follows: “i) to call for the records leading to the issue of Ext.P13 and quash the same by the issue of a writ in the nature of certiorari. ii) to declare that the continued imposition of a general order under Section 30 of the Indian Police Act of the like under Exts.P1 to P13 over the whole of Lakshadweep is illegal, and ultravires the constitution of India. iii) to issue a writ in the nature of prohibition restraining the 2nd respondent from proceeding to issue any further general order of the like under Exts.P1 to P13 infringing the fundamental rights of the people of Lakshadweep at large. iv) to issue a writ in the nature of mandamus directing respondents not to issue any general order of the like under Ext.P1 to P13infringing the fundamental rights of the people of Lakshadweep at large. v) to issue any other writ, order or direction as this Hon'ble Court may deem fit and proper in the facts and circumstances of the case.” WP(C) No. 17280 of 2009 -:2:- 2. The complaint of the petitioners is that, orders, purportedly in exercise of the power under Section 30(2) of the Police Act, 1861, are issued in the islands of Lakshadweep continuously for long period extending over a decade. The earliest of the said orders on which the petitioners could lay their hands open is dated 11.11.1994 which reads as follows: “ORDER UNDER SECTION 30 OF INDIAN POLICE ACT, 1861 F.No.2/56 88-POL 625 - Whereas the undersigned is of the opinion that the situation at the islands of Minicoy, Andrott, Amini, Kadmat, Kiltan, Kalpeni and Chetlat in the Union Territory of Lakshadweep are such that assemblies/processions and usage of loud speakers on public places are required to be conducted under licence, and Whereas in the judgment of the District Magistrate, Lakshadweep, such assemblies/processions and usage of loud speakers would, if uncontrolled, be likely to cause a breach of the peace, I, P. Kamaraj, Superintendent of Police, Union Territory of Lakshadweep now prescribe that such licence is necessary for maintaining peace and Law and Order for smooth progress of all assemblies, processions and usage of loud speakers in public places, in Minicoy, Andrott, Amini, Kadmat, Kiltan, Kalpeni and Chetlat islands. WP(C) No. 17280 of 2009 -:3:- The promoters intending to conduct any assembly or procession and use of loud speakers at such assemblies/processions shall apply for such licence at least two days in advance to the undersigned with a copy to the Police Officer-in-charge of the concerned Police Station, and abide by conditions prescribed in the licence. Any violation of the orders shall be punishable under Section 30A of said Police Act and other laws in force. The order shall come into operation with immediate effect and shall remain effective for 90 days from today, i.e., 11th November, 1994. Issued under my signature and seal on this 11th day of November, 1994. Sd/- (P. KAMARAJ) Superintendent of Police, Lakshadweep.” 3. The last of such an order is dated 23.05.2009. It can be seen from the order dated 23.05.2009 that, the order would be operative for 90 days from 23.05.2009. In other words, the order lapsed long back. Even according to the learned counsel for the petitioners, no further order similar to the above is promulgated subsequently. 4. In the circumstances, whether the issuance of such orders repeatedly is legally permissible or not is an enquiry which WP(C) No. 17280 of 2009 -:4:- at present is purely academic and we do not propose to undertake such an enquiry. The Writ Petition is accordingly dismissed. The questions raised by the petitioners are left open. J.Chelameswar, Chief Justice. Antony Dominic, Judge. ttb