IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.BALAKRISHNAN NAIR & THE HONOURABLE MRS. JUSTICE M.C.HARI RANI MONDAY, THE 7TH JULY 2008 / 16TH ASHADHA 1930 WP(C).No. 17775 of 2008(N) -------------------------- PETITIONER: ------------ JACOB POTHEN, ADMINISTRATOR, BELIEVERS CHURCH INDIA, MANJADI P.O., THIRUVALLA AND GOSPEL FOR ASIA, MANJADI P.O. THIRUVALLA. BY ADV. SRI.N.N.SUGUNAPALAN (SR.) SMT.SIMLA PRABHAKARAN SMT.SIJI JOY RESPONDENTS: ------------- 1. THE STATE OF KERALA, REPRESENTED BY THE SECRETARY, HOME AFFAIRS, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DIRECTOR GENERAL OF POLICE, GOVERNMENT OF KERALA, THIRUVANANTHAPURAM. 3. THE SUPERINTENDENT OF POLICE, PATHANAMTHITTA. 4. THE DEPUTY SUPERINTENDENT OF POLICE, THIRUVALLA. 5. THE CIRCLE INSPECTOR OF POLICE, THIRUVALLA. 6. THE SUB INSPECTOR OF POLICE, THIRUVALLA. 7. OOMMEN P.KURIEN ALIAS SAM, S/O.P.K.KURIEN, PULIMATTATHIL HOUSE, PANDANADU NORTH P.O., KALLISSERY, CHENGANNUR, ALAPPUZHA DISTRICT. ADDL.R8: BALACHANDRAN, SECRETARY, DYFI, CPM OFFICE, THIRUVALLA. WP(C).No. 17775 of 2008(N) 2 ADDL.R9: P.K.GOPALAKRISHNAN NAIR, SECRETARY, HINDU AIKYA VEDI, THIRUVALLA. (ADDL.R8 & R9 IMPLEADED AS PER ORDER ON I.A.NO.7820/08 DATED 20.6.08.) ADDL.R10: RAJ PRAKASH, VENGATTIL, MANIPPUZHA P.O., THIRUVALLA. (ADDL.R10 IMPLEADED AS PER ORDER ON I.A.NO.8233/08 DATED 27.6.08) BY SR.GOVT.PLEADER SHRI BENJAMIN PAUL FOR R1 TO R6 ADV. SRI.SAJITH KUMAR V. FOR R7 SRI.T.P.PRADEEP FOR ADDL.R8 SRI.T.R.HARIKUMAR FOR ADL.R9 SRI.A.R.GANGADAS FOR ADDL. R10 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 07/07/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX IN WP(C).No. 17775 of 2008(N) PETITIONER'S EXTS: EXT.P1: TRUE COPY OF THE NEWS ITEM APPEARED IN MALAYALA MANORAMA DAILY DATED 28.5.08. EXT.P2: TRUE COPY OF THE NEWS ITEM APPEARED IN DESABHIMANI DAILY DATED 30.5.08. EXT.P3: TRUE COPY OF THE NEWS ITEM APPEARED IN MADHYAMAM DAILY DATED 30.5.08. EXT.P4: TRUE COPY OF THE NEWS ITEM APPEARED IN DEEPIKA DAILY DATED 4.6.08. EXT.P5: TRUE COPY OF THE NEWS ITEM APPEARED IN DESABHIMANI DAILY DATED 4.6.08. EXT.P6: TRUE COPY OF THE NEWS ITEM APPEARED IN KERALA KAUMUDI DAILY DATED 4.6.08. EXT.P7: TRUE COPY OF THE NEWS ITEM APPEARED IN MANGALAM DAILY DATED 4.6.08. EXT.P8: TRUE COPY OF THE NEWS ITEM APPEARED IN MATHRUBHOOMI DAILY DATED 4.6.08. EXT.P9: TRUE COPY OF THE NEWS ITEM APPEARED IN MALAYALA MANORAMA DAILY DATED 4.6.08. EXT.P10: TRUE COPY OF THE NEWS ITEM APPEARED IN MADHYAMAM DAILY DATED 4.6.08. EXT.P11: TRUE COPY OF THE REPRESENTATION DATED 5.6.08 SUBMITTED BY THE PETITIONER TO RESPONDENTS 2 TO 6. RESPONDENTS' EXT: EXT.R7(a): TRUE COPY OF THE NEWS PAPER REPORT DATED 31.5.08 IN DESHABHIMANI DAILY. TRUE COPY K.BALAKRISHNAN NAIR & M.C.HARI RANI JJ. ----------------------------------------------------- W.P.(C)No. 17775 OF 2008 ----------------------------------------------------- DATED THIS THE 7th DAY OF JULY, 2008 J U D G M E N T Balakrishnan Nair, J. The petitioner is the administrator of a church called 'Believers Church India'. Seeking the following relief, this writ petition is filed. “ Issue a writ of mandamus or any other appropriate writ, order or direction commanding respondents 1 to 6 to render adequate protection for life of the functionaries, staff, members and students of various institutions of the petitioner.” The petitioner submits, his church is an episcopel church and is imparting training under this church for propagating gospel and also for undertaking charitable work among the poor people along with evangelism. In connection with the recent agitations against fake god men, the Hindu Aikya Vedi held a demonstration before the head office of the church which turned violent as evident from the news paper reports. When the threat from the said organization and other organizations persisted, the petitioner preferred Exhibit P11 representation before the police officers and thereafter this writ W.P.(C)No.17775/08 -2- petition is filed seeking the above quoted relief. 3. The 10th respondent submitted that to protest against forcible/deceitful conversion of Hindus into Christianity using foreign fund, his organization held a demonstration before the head quarters of the petitioner's church on 3.6.2008. All the allegations made against the 10th respondent are denied by him. The 7th respondent who is an ex- employee of the petitioner filed a counter affidavit stating that he is unnecessarily impleaded in this writ petition to harass him, because he has spoken to the media about the labour law violations taking place under the establishments run by the petitioner's church. The 9th respondent has submitted that he has nothing to with the Hindu Aikya Vedi. The 8th respondent has submitted that so far, the DYFI has not held any demonstrations or agitation before the establishments of the petitioner's church. 4. The learned Government Pleader upon instructions submitted that on 3.6.2008, a large contingent of police under the leadership of the Superintendent of Police, was present before the head quarters of the petitioner's church to maintain law and order. But some of the miscreants threw stones and a crime has been registered against them also. W.P.(C)No.17775/08 -3- 5. The persons objecting to the functioning of the petitioner may hold peaceful demonstrations or public meetings for highlighting their views. But, they have no right to physically obstruct the functioning/activities of the petitioner's church or attack the petitioner or the followers of the church. So, if any demonstrations or meetings are going to be held before the head quarters of the church or other institutions, the petitioner may inform the police. In that event, the police shall take steps to maintain law and order and avoid breach of peace. We record the submission of the 10th respondent that his organization has no intention whatsoever to indulge in any violence and it proposes to hold only peaceful demonstrations. The writ petition is disposed of as above. K.BALAKRISHNAN NAIR,JUDGE. M.C.HARI RANI, JUDGE. dsn