IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR WEDNESDAY, THE 1ST JUNE 2011 / 11TH JYAISHTA 1933 OP.No. 332 of 2000(M) ------------------------------- PETITIONER(S): ---------------------- 1. DR.PRADEEP ANTONY, SAFALYA KARUMKULAM, PUTHIYATHURA P.O., THIRUVANANTHAPURAM. 2. DR.BIJU BALACHANDRAN, SREE SYLAM, KAANADU P.O., KOLLAM. 3. DR.ABDUL GAFOOR, EMPEES HOUSE, MENJANIYAM P.O., PERAMPRA (VIA), CALICUT. 4. DR.LATHA BALAKRISHNAN, SAI VIHAR, PERUVAMBA, OLAYAMBADY P.O., MATHAMANGALAM, KANNUR. BY SRI.GOVIND K.BHARATHAN, SENIOR ADVOCATE BY ADVS. SMT.M.HEMALATHA SMT.DEEPIKA NEHRA RESPONDENT(S): -------------------------- 1. THE STATE OF KERALA, REPRESENTED BY CHIEF SECRETARY, GOVERNMENT SECRETARY, TRIVANDRUM. 2. THE DIRECTOR GENERAL OF POLICE, THIRUVANANTHAPURAM. 3. THE CIRCLE INSPECTOR OF POLICE, POOVAR, THIRUVANANTHAPURAM. 4. THE CIRCLE INSPECTOR OF POLICE, CHAVARA, KOLLAM DISTRICT. tss OP. NO.332/2000 5. THE CIRCLE INSPECTOR OF POLICE , PERAMBRA, KOZHIKODE. 6. THE CIRCLE INSPECTOR OF POLICE, PAYYANNUR, KANNUR DISTRICT. GOVERNMENT PLEADER SMT.RANI DIOTHIMA THIS ORIGINAL PETITION HAVING BEEN FINALLY HEARD ON 01/06/2011, ALONG WITH OP NO. 25552 OF 2000 & WPC NO. 15582 OF 2005 THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: tss OP.NO.332/2000 APPENDIX PETITIONER'S EXHIBITS P1:- COPY OF THE REGISTRATION CERTIFICATE NO.1221/1993 ISSUED BY NEHM OF INDIA TO THE IST PETITIONER. P2:- COPY OF THE GRADE-A REGISTRATION CERTIFICATE NO.2405 ISSUED BY THE REGISTRAR , MINISTRY OF HEALTH AND FAMILY WELFARE, GOVT. OF INDIA. P3:- COPY OF THE REGISTRATION CERTIFICATE NO.1216/93 ISSUED BY NEHM OF INDIA TO THE 2ND PETITIONER. P4:- COPY OF THE GRADE-A REGISTRATION CERTIFICATE NO.2283 ISSUED BY THE REGISTRAR, MINISTRY OF HEALTH AND FAMILY WELFARE, GOVT. OF INDIA. P5:- COPY OF THE REGISTRARION CERTIFICATE NO.1224/93 ISSUED BY NEHM OF INDIA TO THE 3RD PETITIONER. P6:- COPY OF THE GRADE-A REGISTRATION CERTIFICATE NO.2751 ISSUED BY THE REGISTRAR, MINISTRY OF HEALTH AND FAMILY WELFARE, GOVT. OF INDIA. P7:- COPY OF THE REGISTRATION CERTIFICATE NO.1210/93 ISSUED BY NEHM OF INDIA TO THE 4TH PETITIONER. P8:- COPY OF THE GRADE-A REGISTRATION CERTIFICATE NO.2199 ISSUED BY THE REGISTRAR , MINISTRY OF HEALTH AND FAMILY WELFARE, GOVT.OF INDIA. P9:- COPY OF THE LETTER NO.1/7(1)93/I-II DTD. 25.7.1994 FROM THE ASSISTANT DIRECTOR, LOK SABHA LEGISLATIE BRANCH TO SRI.VISWESWAR BHAGAT.M.P. P10:- COPY OF THE LETTER NO.H.11014/2/93&R DT. 25.7.1994 FROM THE MINISTRY OF HEALTH & FAMILY WELFARE DEPT. TO THE SECRETARY LOK SABHA. P11:- COPY OF THE AN ARTICLE APPEARING IN THE RASHTRIYA SAHARA, A NATIONAL MAGAZINE DATED. 7.7.1995. P12:- COPY OF THE ORDER IN CL.MISC.W.P.2227/1993 DTD. 9.7.1993 OF THE ALLAHABAD HIGH COURT. P13:- COPY OF THE ORDER IN CMP.9456/97 IN OP.5135/97 DTD. 21.3.1997 OF THIS HONOURABLE COURT. P14:- COPY OF THE ORDER IN CMP. 40444/98 IN OP.22931/1998 OF THIS HONOURABLE COURT. RESPONDENT'S EXHIBITS NIL:- TRUE COPY P.S. TO JUDGE tss T.R. Ramachandran Nair, J. - - - - - - - - - - - - - - - - - - - - - - - - O.P.Nos.332/2000 -M, 25552/2000-P & 15582/2005-E - - - - -- - - - - - - - - - - - - - - - - - - - - Dated this the 1st day of June, 2011. JUDGMENT In these writ petitions, the petitioners are seeking for a direction to the respondents not to obstruct their practice in Electropathy/Electro- Homoeopathy. It is alleged that they are being harassed by the Police. 2. It is submitted by the learned counsel for the petitioners that in the light of the decision of a Division Bench of this Court in W.P.(C) Nos.16325/2006 and 19484/2008, the writ petitions can be disposed. The Division Bench issued the following directions in paragraphs 4 and 5 of the judgment: “4. It is one of the fundamental principles of rule of law that a citizen is free to do anything not prohibited by law. Every State action must be supported by a statutory provision. If a citizen challenges a State action the State must be able to show the strict legal pedigree of its action. Otherwise, the courts will invalidate that action. In this case, the respondents have not brought to our notice any law, which prohibits the practice of Electropathy/Electro- Homeopathy. So the State or its agents shall not interfere with the same. But, the petitioners shall not use designations like 'Doctor' etc. They shall not practice Modern Medicine, Homeopathy or any OP 332/2000, 25552/2000 & wpc 15582/2005 2 of the Indian Systems of Medicine. They shall not act in violation of the provisions of the Kerala Abkari Act or Drugs and Cosmetics Act or other relevant Acts or Rules. If the petitioners continue their Electropathy/Electro-Homeopathy practice, without infringing any other provisions of law, the police shall not interfere with the same. Unless the petitioners commit some cognizable offence by practising Electropathy/Electro-Homeopathy, the police have no power or authority to interfere with their practice or summon them to the police station with a view to prevent their practice of Electropathy/Electro-Homeopathy. 5. It is clarified that this judgment will not affect the powers of the State or its agents to proceed in accordance with law, if the petitioners are found to act in violation of any statutory provision.” In the light of the above, these writ petitions are disposed of. It is made clear that the judgment of the Division Bench in the above cases, will govern these writ petitions also. No costs. (T.R. Ramachandran Nair, Judge.) kav/ OP 332/2000, 25552/2000 & wpc 15582/2005 3 T.R. Ramachandran Nair, J. - - - - - - - - - - - - - - - - - - - - - - - - O.P.Nos.332/2000 -M, 25552/2000-P & 15582/2005-E - - - - -- - - - - - - - - - - - - - - - - - - - - JUDGMENT 1st day of June, 2011.