IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE HARUN-UL-RASHID MONDAY, THE 16TH MARCH 2009 / 25TH PHALGUNA 1930 WP(C).No. 4793 of 2004(U) ----------------------------------- ST.3997/2003 of J.M.F.C.-I,THRISSUR .................... PETITIONERS: ---------------------- 1. SUNIL, S/O. SUKUMARAN NAIR, SUNIL BHAVAN, PADIYOOR P.O., KANNUR DISTRICT. 2. REGHUNATHA, S/O. VELAYUDHAN VELLOOR VEEDU, LALOOR DESOM, ELTHURUTHU, THRISSUR DISTRICT. 3. DR. RAMACHANDRAN MOKERI, S/O. GOVINDAN, MADATHIL THAZE VEEDU, PALLIKKAL DESOM, TIRURANGADI, MALAPPURAM DISTRICT. 4. SUMESH, S/O. BALAN, PATHAYIL VEEDU ANTHOOR DESOM, COMPANYPADI, KUNNAMKULAM, THRISSUR DISTRICT. 5. PRABALAN, S/O. ACHUTHAN, MURAYIL VEEDU, VELUR DESOM, VELUR VILLAGE, TRICHUR DISTRICT. 6. ROY, S/O. GOVINDAN, KADAYIL VEEDU, MAMBILLY DESOM, VELUR VILLAGE, TRICHUR DISTRICT. 7. PRADEEPAN, S/O. MURALEEDHARAN RADHA BHAVANAM, AZHIKKAL DESOM, ARATTUPUZHA VILLAGE, ALAPPUZHA DISTRICT. 8. VINAYAN, S/O. VELAYUDHAN, PANICKASSRY VEEDU, KOORKKANCHERRY DESOM, CHIYYARAM VILLAGE, TRICHUR DISTRICT. 9. SUNILKUMAR, S/O. SOMAN, PONNEMPARA VEEDU, VILLEDAM DESOM, VILVATTA VILLAGE, TRICHUR DISTRICT. 10. BAIJU, S/O. AYYAPPAKUTTY, KALICHAL VEEDU, LALOOR, THRISSUR DISTRICT. 11. SANDEEPKUMAR, S/O. KRISHNAKUMAR VATTAPPALLY VEEDU, LALOOR, TRICHUR DISTRICT. WP(C).No. 4793 of 2004(U) -2- 12. ANANDAN, S/O. KUTTAPPAN, THOPPIL VEEDU, LALOOR, THRISSUR DISTRICT. 13. SATHISH, S/O. DHARMAN, MANNATH VEEDU, LALOOR, THRISSUR DISTRICT. 14. SANTHOSH, S/O. KUTTAPPAN, KALARICKAL VEEDU, NEDUMKUNNU, KOTTAYAM. 15. RAJESH NAVATH, S/O. KARUNAN, NAVATH VEEDU, MOYYANCHERI, KANNUR. 16. VIJESH, S/O. VIJAYAN, VALIYAMITHAL VEEDU, PUTHIYA DESOM, KOZHIKODE. 17. SUNIL, S/O. VASU, AMBAKKATT VEEDU, ELTHURUTHU DESOM, LALOOR, THRISSUR DISTRICT. 18. SATHYABHAMA, D/O. RAMAN NAMBOODIRI MADATHIL VEEDU, THENHIPALAM DESOM, MALAPPURAM DISTRICT. BY ADV. SRI.KALEESWARAM RAJ RESPONDENTS: ----------------------- 1. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. THE CIRCLE INSPECTOR OF POLICE, THRISSUR. 3. THE SUB INSPECTOR OF POLICE, EAST POLICE STATION, THRISSUR. BY GOVERNMENT PLEADER SRI. T.K.VIPINDAS FOR R1 TO 3 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 16/03/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 4793 of 2004(U) APPENDIX PETITIONERS' EXHIBITS: EXT.P1 - TRUE COPY OF THE SYLLABUS OF SCHOOL OF DRAMA UNDER THE UNIVERSITY OF CALICUT. EXT.P2 - TRUE COPY OF THE ORDER DATED 17.5.1999. EXT.P3 - TRUE COPY OF THE FIR IN CRIME NO.609/2003 TOGETHER WITH ALLEGED STATEMENT OF THE SO CALLED WITNESSES, THE MAHAZAR TOGETHER WITH REPORT FILED BEFORE THE JUDICIAL FIRST CLASS MAGISTRATE COURT I, THRISSUR. EXT.P4 - TRUE COPY OF THE GENERAL INTRODUCTION TO THE BOOK TITLED RADICAL STREET PERFORMANCE - AN INTERNATIONAL ANTHOLOGY EDITED BY JAN COHEN CRUZ (RUTLEDGE, LONDON AND NEW YORK) EXT.P5 - TRUE COPY OF THE ARTICLE TITLED “THE STREET IS THE STAGE” BY RICHARD SCECHENER WHICH IS RECORDED AS THE INTERNATIONAL AUTHORITY ON THE TOPIC. EXT.P6 - TRUE COPY OF THE UNDATED REPRESENTATION SUBMITTED BY SOME OF THE PETITIONERS BEFORE THE 1ST RESPONDENT HARUN-UL-RASHID, J - - - - - - - - - - - - - - - - - - - - - - - W.P(C)No. 4793 of 2004 - - - - - - - - - - - - - - - - - - - - - - - Dated this the 16th day of March, 2009 J U D G M E N T The petitioners herein are accused No. 1 to 18 in Crime No. 609 of 2003 of Thrissur East Police Station and S.T. No. 3997 of 2003 on the file of the Judicial First Class Magistrates Court-I, Thrissur. The offences alleged in S.T. No. 3997 of 2003 are under Sections 143, 147, 188, 283, 290 read with 149 IPC and Section 38 read with 52 of the Kerala Police Act. 2. Out of 18 petitioners, 9 petitioners are degree and Post Graduate students of School of Drama and Fine Arts. The petitioner No.3 is the Assistant Director, School of Drama & Fine Arts, University of Calicut and Head of the Department. The other accused are members of one dramatical group, which is a theatre organisation which usually associates with the academic activities of the School of Drama and Fine Arts. According to the petitioners, they have suggested theatre performance as part of the academic activities in tune with the syllabus that they had not committed any offence under IPC or Police Act and therefore the registration of crime as against the accused is illegal. They W.P(C)No. 4793 of 2004 -2- have also submitted that the theatre performance in the title “Freedom 2003” was performed on the day of National Independence by the Forum for Peoples' Theatre Culture that their performance never intended to commit any offence under either IPC or Police Act. Therefore the prosecution under Ext.P3 FIR is liable to be quashed. It is submitted that the registration of a crime by the police is on the basis of wrong understanding of what had taken place in fact the group was performing a trial and never intended to cause any nuisance to the public or offends the provision of any Act cannot be proceeded alleging in various activities. Ext.P1 is the syllabus followed by the students of School of Drama since they were performing a drama titled as “Freedom 2003”. The assembly is not unlawful. Therefore Sections 143 and 147 cannot be attracted. Moreover, the Act taken cannot constitute any offence at all under IPC as well. Therefore registration of Ext.P3 FIR is illegal and if the prosecution is permitted to continue, petitioners who are law abiding citizens will be put to serious hardships. 3. After hearing the learned counsel for the petitioner and learned Government Pleader, I am of the view that the Professor W.P(C)No. 4793 of 2004 -3- of the School of Drama and the students who are arrayed as accused and other performers shall be let free from prosecution. Accepting the contention of the petitioners that the act committed by them is as part of the play title “Freedom 2003” on 15th August 2003 and that the same forms part of the curriculum and academic activities, I quash Ext.P3 FIR. The writ petition is allowed. HARUN-UL-RASHID JUDGE rhs