IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.M.JOSEPH & THE HONOURABLE MRS. JUSTICE M.C.HARI RANI THURSDAY, THE 28TH OCTOBER 2010 / 6TH KARTHIKA 1932 WP(C).No. 29384 of 2010(W) -------------------------------------- PETITIONER(S): --------------------- JEEVAN SABU.V.S, S/O.SABU HARI, AGED 22, QUARTERS NO.IIA, RAILWAY COLONY, THRISSUR-689 001. BY ADV. SMT.K.NANDINI RESPONDENT(S): ------------------------ 1. THE STATE OF KERALA, REPRESENTED BY THE SECRETARY, DEPARTMENT OF LAW, SECRETARIAT, THIRUVANANTHAPURAM-695 001. 2. THE DIRECTOR GENERAL OF POLICE, KERALA STATE, THIRUVANANTHAPURAM-695 001. 3. THE SUPERINTENDENT OF POLICE, THRISSUR-689 001. 4. THE SUB INSPECTOR OF POLICE, WADAKKANCHERY, THRISSUR DISTRICT, PIN-689 001. 5. THE SUB INSPECTOR OF POLICE, CHALAKKARA, THRISSUR DISTRICT-689 001. 6. THE SUB INSPECTOR OF POLICE, CENTRAL POLICE STATION, ERNAKULAM-31. BY GOVERNMENT PLEADER SRI.ALEX THOMBRA. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 28/10/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.M.JOSEPH & M.C.HARI RANI, JJ. ------------------------------------------------------ W.P.(C) No.29384 of 2010-W ---------------------------------------------- Dated, this the 28th day of October, 2010 J U D G M E N T K.M.Joseph, J. Petitioner has approached this Court complaining of harassment by police. 2. Briefly put, the case of the petitioner is as follows: Petitioner is a dalit youth of 22 years extremely black complexion but an excellent professional dancer who won prizes since school till the year 2009 as Ext.P1 series reveals. In the year 2007 he was implicated in a false case along with two other boys and severely tortured by the police which resulted in contracting tuberculosis. It is alleged that number of false cases were registered against him. For dance programmes he has to travel much and he was picked from street by police for finding him suspiciously on the road. Petitioner is tortured as a thug/criminal due to his looks which is not his fault. In four cases petitioner stands acquitted. There is violation of petitioner's right to life and freedom of movement due to police harassment. WPC No.29384/2010 -2- 3. A statement is filed by the 3rd respondent. Therein, it is inter alia stated as follows: Petitioner along with one Manu was intercepted by Sri.M.Surendran the Sub Inspector of Police at about 1.30 hours on 7.8.2007. The accused was possessing an N-73 Nokia Mobile Phone and a portable multimedia player etc. They were travelling on a motor cycle. On questioning they failed to give proper explanation regarding the ownership of those things. They were arrested and a crime is registered. Petitioner is said to be an aspiring dancer and had participated and won prizes in various shows. On questioning accused confessed to have committed series of theft cases in Thrissur and Palakkad districts. Details of cases are also given. Eight cases are mentioned. The present stage is also mentioned. In one case he has been convicted for 3 months and fined Rs.100/-. In two cases he has been acquitted and five cases are pending trial. He might be leading a good life at present and might have aspiring to become a renowned dancer at present. The police will not stand in the way provided petitioner leads a good life. The allegations of harassment is denied. WPC No.29384/2010 -3- 4. Petitioner has filed a reply affidavit producing Exts. P7 and P8. 5. We heard the learned counsel for the petitioner and also the learned Government Pleader. 6. The fact that the petitioner is involved in number of criminal cases cannot be ground to harass the petitioner. In fact, it is the case of the respondents that they have no intention to harass the petitioner. We record the submission of the learned Government Pleader that petitioner will not be harassed. However, we make it clear that this judgment will not stand in the way of the police authority invoking law if and when situation arises. (K.M.JOSEPH) JUDGE. (M.C.HARI RANI) JUDGE. MS