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 10TH NOVEMBER 2008 / 19TH KARTHIKA 1930 WP(C).No. 30081 of 2008(F) ---------------------------------------- PETITIONER(S): ------------------------ SURESH A.J., AGED 36 YEARS, S/O JANARDHANAN, RESIDING AT AMBATTU HOUSE, PINDIMANA P.O., KOTHAMANGALAM, ERNAKULAM 686 698. BY ADV. SRI.C.V.MANUVILSAN SMT.VIDYA MANUVILSAN RESPONDENT(S): ---------------------------- 1. STATE OF KERALA REPRESENTED BY THE DIRECTOR GENERAL OF POLICE, THIRUVANANTHAPURAM. 2. THE SUPERINTENDENT OF POLICE, ERNAKULAM DISTRICT. 3. SUB INSPECTOR OF POLICE, KOTHAMANGALAM POLICE STATION, ERNAKULAM. 4. MYTHEEN, ASSISTANT SUB INSPECTOR OF POLICE, KOTHAMANGALAM POLICE STATION, ERNAKULAM. 5. JOHNY, POLICE CONSTABLE, KOTHAMANGALAM POLICE STATION, ERNAKULAM. BY SR.GOVERNMENT PLEADER SRI.BENJAMIN PAUL THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 10/11/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss WPC.NO.30081/2008 F APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF THE ACCIDENT CUM WOUND CERTIFICATE ISSUED BY THE GOVERNMENT HOSPITAL, KOTHAMANGALAM. EXT.P2: COPY OF THE MEDICAL CERTIFICATE ISSUED BY THE MAR BASELIOUS MEDICAL MISSION HOSPITAL, KOTHAMANGALAM. EXT.P3: COPY OF THE CERTIFICATE ISSUED BY THE CHAZHIKATTU HOSPITAL, THODUPUZHA. EXT.P4: COPY OF THE NEW PAPER REPORT DTD. 08/07/2008 PUBLISHED IN MANGALAM DAILY. EXT.P5: COPY OF THE NEW PAPER REPORT DTD. 11/07/2008 PUBLISHED IN MALAYALA MANORAMA DAILY. EXT.P6: COPY OF THE NEW PAPER REPORT DTD.11/07/2008 PUBLISHED IN MANGALAM DAILY. EXT.P7: COPY OF THE NEW PAPER REPORT DTD. 29/07/2008 PUBLISHED IN MATHRUBHOOMI DAILY. EXT.P8: COPY OF THE COMPLAINT SUBMITTED BY THE PETITIONER TO THE KOTHAMANGALAM CIRCLE INSPECTOR. EXT.P9: COPY OF THE ACKNOWLEDGEMENT CARDS RECEIVED FROM THSE OFFICIALS. EXT.P10: COPY OF THE COMPLAINT SUBMITTED BY THE PETITIONER BEFORE THE HUMAN RIGHT COMMISSION. EXT.P11: COPY OF THE COMPLAINT SUBMITTED BY THE WIFE OF THE PETITIONER BEFORE THE DISPUTE REDRESSAL CELL OF THE CHIEF MINISTER. RESPONDENT'S EXHIBITS: N I L /TRUE COPY/ P.A.TO JUDGE Kss K.BALAKRISHNAN NAIR & M.C.HARI RANI, JJ. ----------------------------------------------------- W.P.(C)No.30081 OF 2008 F ----------------------------------------------------- DATED THIS THE 10th DAY OF NOVEMBER, 2008 J U D G M E N T Balakrishnan Nair, J. The petitioner has approached this Court alleging that he was brutally manhandled by respondents 4 and 5. Exhibits P1 to P3 medical certificates issued by the doctors who treated him, prove his case, it is submitted. The newspapers also reported about the incident as per Exhibits P5 to P7. He had a boundary dispute with one Mr.Zachariah, who is very influential with the police. Under his influence, respondents 4 and 5 have manhandled him, it is submitted. Though, he has moved various authorities by filing representations including the State Chief Minister, no effective action was taken against the culprits. In the above background, this Writ Petition is filed, seeking a direction to the Sub Inspector of Police and Constables under him not to harass the petitioner. 2. This Court directed the 2nd respondent District Superintendent of Police to inquire into the matter and file an affidavit before this Court. The said Officer denied all the allegations of the petitioner and has tried to picture the petitioner as a criminal. 3. The petitioner has filed a reply affidavit dealing with the W.P.(C)No.30081/08 -2- averments in the affidavit of the 2nd respondent. 4. We heard the learned counsel on both sides. We ordered the 2nd respondent to inquire into the alleged illegal actions of his subordinates. But, the said Officer has chosen to file an affidavit on behalf of those respondents also. We disapprove the said conduct of the 2nd respondent. When the Constables allegedly misbehave, people look upon the IPS Officers to act fairly. We were under the impression that the 2nd respondent will hold an impartial inquiry in the matter and file a report before this Court. Instead of that, he has chosen to file an affidavit on behalf of the persons accused of criminal offences also. Since the facts in this case are disputed, the petitioner may work out his remedies before the competent criminal/civil courts. He may pursue the representations filed before the authorities and Officers. If the presence of the petitioner is required in connection with any inquiry, he shall be summoned only by issuing notice under Section 160 Cr.P.C. The Writ Petition is closed without prejudice to the contentions of the petitioner. K.BALAKRISHNAN NAIR, JUDGE. M.C.HARI RANI, JUDGE. dsn