IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR WEDNESDAY, THE 9TH JUNE 2010 / 19TH JYAISTHA 1932 WP(C).No. 27499 of 2009(Q) -------------------------- CRIME NO.671/2009 OF KASARAGOD POLICE STATION PETITIONER(S): ----------------------- 1. NOUSHAD C.M.,S/O.MOHAMMED, AGED 30 YEARS,RESIDING AT MARWA MAHAL, ARIKADY,POST KUMBALA,KASARGODE DISTRICT. 2. ABDUL RAHIMAN THERUVATHU, S/O.LATE T.A.MOHAMMED,AGED 29 YEARS, L.P.ASHIM STREET,THERUVATHU,POST THALANGARA, KASARGODE,PIN-671 121. BY ADV. SRI.K.P.RAMACHANDRAN SRI.T.NIKLAVU RESPONDENT(S): --------------- 1. STATE OF KERALA, REP.BY CHIEF SECRETARY, SECRETARIAT,THIRUVANANTHAPURAM. 2. STATE OF KERALA, REP.BY SECRETARY (HOME), SECRETARIAT,THIRUVANANTHAPURAM. 3. STATE OF KERALA, REP.BY SECRETARY (LAW), SECRETARIAT,THIRUVANANTHAPURAM. WP(C).No. 27499 of 2009(Q) 2 4. SRI.ABDUL GAFOOR, DEPUTY SUPERINTENDENT OF POLICE-KASARGODE, PERMANENT RESIDENT AT KALANGARA COMPOUND, NEAR-CPM AREA COMMITTEE OFFICE,NULLIPADY, POST KASARGODE,KASARGODE,PIN-671 121. 5. SRI.T.P.PREMARAJAN, CIRCLE INSPECTOR OF POLICE, KASARGODE POLICE STATION,KASARGODE. 6. SRI.V.K.VISWAMBARAN, SUB INSPECTOR OF POLICE, KASARGODE POLICE STATION,KASARGODE. 7. SRI.RAMDAS POTHEN, SUPERINTENDENT OF POLICE,KASARGODE. 8. SRI.TOMIN THACHANKARI, INSPECTOR GENERAL OF POLICE-NORTH ZONE, OFFICE OF THE NORTH ZONE, INSPECTOR GENERAL OF POLICE,KANNUR. 9. SRI.JACOB PUNNOOSE, DIRECTOR GENERAL OF POLICE, POLICE HEAD QUARTERS,THIRUVANANTHAPURAM. 10. DISTRICT COLLECTOR, COLLECTORATE,KASARGODE. GOVERNMENT PLEADER SRI.C.M.NAZAR THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 09/06/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: V. RAMKUMAR, J. ................................. W.P.(c).No.27499 of 2009 .................................... Dated:09.06.2010 JUDGMENT In this writ petition filed under Article 226 of the Constitution of India, the petitioners, two in number, seek a direction to call for the records in Crime No.671/2009 of Kasaragod Police Station, to order a judicial probe by a retired High Court Judge, so as to make an enquiry into the circumstances leading to the registration of the above crime and to ensure punishment to such Police officers who are found guilty pursuant to the judicial probe and to direct the respondents to pay a sum of Rs.3,50,000/- to the 1st petitioner as compensation for the damage sustained to his shop and the movables therein. 2. According to the petitioners they were severely assaulted and tortured by the Kasaragod Police on the eve of Ramzan on 20.09.2009 and the police was on the rampage. 3. The Superintendent of Police, Kasaragod has filed a statement to the following effect:- On 20.09.2009 at about 10.30 p.m. in the old bus stand Kasaragod the named accused persons and about 500 other W.P.(c).No.27499 of 2009 2 identifiable youngsters formed themselves into an unlawful assembly and busted crackers on the busy public road, drove motor bikes across the road in a rash and negligent manner, after dismantling the silencer fitted to the two wheelers thereby making terrible sound. Notwithstanding the directions by the Dy.S.P., Kasaragod the mob did not stop their activities but instead shouted against the Police, pelted stones and soda bottles towards the Police party causing injuries to four police men and causing damage to six police vehicles, a KSRTC bus and five more police constables sustained injuries. Kasaragod sub division is the most communally sensitive sub division of the district mainly falling within the limits of the Kasaragod Police Station. The Police also had intelligence reports to the effect that on 20.09.2009, the R.S.S. have planned to conduct a road march from Mallikarjuna temple through new bus stand, old bus stand, M.G.Road etc. On account of the said situation, sufficient Police have been deployed in force to control the erupting violence. At about 7 p.m. on 20.9.2009 several Muslim youths assembled in the old bus stand creating problems W.P.(c).No.27499 of 2009 3 to the public by busting crackers and raising motor bikes after dismantling the silencers thereon. They ignored the lawful directions of the Police and about 500 agitators thronged the old bus stand premises. From 8.30 p.m. onwards they resorted to various provocative tactics such as raising motor bikes, busting crackers etc. Even after the closure of the shops in that area around 10 p.m. the troublemakers continued their activity against the Policemen who were deployed there. All lawful orders given by the Police were disobeyed by the agitators. The mob started attacking the Police from all sides resulting in Policemen sustaining injuries and 6 Police vehicles and one KSRTC bus got damaged due to the pelting of stones. The situation was brought under control only by 12.00 midnight. Crime No.679/2009 was registered in the above circumstances. During the course of investigation A6, A11 and A13 to A17 alone were arrested and produced before the Chief Judicial Magistrate, Kasaragod. Consequent on another group of militant youth causing damage to KSRTC bus yet another case was registered as Crime No.672/2009 of Kasaragod Police Station. The W.P.(c).No.27499 of 2009 4 agitators have damaged a mobile showroom bus owned by the Kerala State Handloom Development Corporation resulting in Crime No.674/2009 being registered against the militant groups concerned. Unnecessarily throwing lighted crackers to a crowd including women and children, bursting crackers on public road, conducting motor cycle race after dismantling the silencer pipes of the motor cycle etc. were the acts of vandalism resorted to by the Muslim youngsters. After having unjustifiably caused breach of public place by resorting to violence, the petitioners cannot complain of Police atrocities. If at all the Police had hit back, it was due to the conduct of the petitioners and the other agitators themselves. I am not inclined to grant any of the reliefs sought for by the petitioners. This writ petition is accordingly dismissed. Dated this the 9th day of June, 2010. V. RAMKUMAR, JUDGE sj