IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.BALAKRISHNAN NAIR & THE HONOURABLE MRS. JUSTICE M.C.HARI RANI WEDNESDAY, THE 24TH SEPTEMBER 2008 / 2ND ASWINA 1930 WP(C).No. 4692 of 2008(H) ------------------------- PETITIONER: --------------- P.BHASKARAN, S/O.LATE PAPPU, AGED 61 YEARS, THUNDIL HOUSE, MUTHUKULAM NORTH, MUTHUKULAM P.O., ALAPPUZHA DISTRICT. BY ADV. SRI.A.X.VARGHESE SRI.A.V.JOJO RESPONDENTS: --------------- 1. DIRECTOR GENERAL OF POLICE,THIRUVANANTHAPURAM. 2. SUPERINTENDENT OF POLICE, ALAPPUZHA DISTRICT. 3. SUB INSPECTOR OF POLICE, KANAKAKUNNU POLICE STATION. 4. JAYACHANDRAN, S/O.VASUDEVAN, JAYABHAVANAM, CHOOLATHERUVU P.O., MUTHUKULAM NORTH, ALAPPUZHA. 5. JAYADEEP, CHOOLATHERUVU P.O., MUTHUKULAM NORTH, ALAPPUZHA. 6. SHAJI, PRABHALAYAM, CHOOLATHERUVU P.O. MUTHUKULAM NORTH, ALAPPUZHA. 7. SAJEEVAN, SHAJI BHAVANAM, CHOOLATHERUVU P.O., MUTHUKULAM NORTH, ALAPPUZHA. 8. SAJI, SAJI BHAVANAM, CHOOLATHERUVU P.O. MUTHUKULAM NORTH, ALAPPUZHA. 9. RAVEENDRAN, THRIVENI HOUSE, MUTHUKULAM NORTH, MUTHUKULAM P.O., ALAPPUZHA. BY.SR.GOVT.PLEADER SHRI BENJAMIN PAUL FOR R1 TO R3 ADV.SRI.S.SHANAVAS KHAN FOR R4 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 24/09/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX IN W.P.(C)NO.4692/08 PETITIONER'S EXTS: EXT.P1: PHOTOCOPY OF JUDGMENT IN O.P.No.2157/02 DATED 18.11.02 OF THIS COURT. EXT.P2: PHOTOCOPY OF THE NEWS ITEM OF THE REPORT PUBLISHED IN MALAYALA MANORAMA DATED 8.5.02. EXT.P3: PHOTOCOPY OF THE JUDGMENT IN O.P.No. 16934/02 OF THIS COURT. EXT.P4: PHOTOCOPY OF THE JUDGMENT IN O.P.No.19327/02 DATED 18.9.02 OF THIS COURT. EXT.P5: PHOTOCOY OF THE NOTICE DATED 16.1.07. EXT.P6: PHOTOCOPY OF THE FIR DATED 30.11.07. EXT.P7: PHOTOCOPY OF THE NOTICE DATED 7.12.2007. EXT.P8: PHOTOCOPY OF THE FIR. EXT.P9: PHOTOCOPY OF THE COMPLAINT DATED 19.12.07. EXT.P10: PHOTOCOPY OF THE PAPER REPORTS DATED 23.1.08 REPORTED IN LEADING NEWS PAPERS REGARDING THE CONFISCATION OF ILLICIT ARRACK IN MUTHUKULAM. EXT.P11: PHOTOCOPY OF THE CRIME AND OCCURRENCE REPORT DATED 22.1.08. TRUE COPY K. BALAKRISHNAN NAIR & M.C. HARI RANI,JJ ============================== W.P.(C)NO. 4692 OF 2008 ============================ Dated this the 24th September 2008 JUDGMENT Balakrishnan Nair,J. The petitioner submits, he is a crusader against illicit liquor business. His native place is at Muthukulam. The said village is a den of such activities and of the persons engaged in illicit sale of arrack. According to him, respondents 4 to 9 are inimical towards him for being in the forefront of the agitation against illicit liquor lobby. Earlier when the petitioner was facing threat to his life at the hands of 4th respondent and others, he moved this Court and this Court by Ext.P1 judgment ordered protection for his life for two weeks. It was also ordered that the continuance of the protection will depend upon the decision of the Sub Inspector of Police, the third respondent therein regarding the circumstances prevailing there. The petitioner submits, once the period of protection ordered by this Court was over, he was attacked brutally and injured seriously. This is evident from Ext.P2. Again, the petitioner approached this Court and police protection was ordered as per Ext.P3 judgment by this Court. The W.P.(C)No. 4692/2008 -2- directions in Ext.P3 were similar to those in Ext.P1. The petitioner was again constrained to approach this Court by filing O.P.No.19327/2002. The said writ petition was dismissed by Ext.P4 judgment after noticing the action taken by the police and also finding that the police have done everything that has to be done under law. 2. The petitioner organised a public meeting against the liquor lobby at Muthukulam on 18-1-2007. In the said meeting several public spirited citizens participated. Infuriated by his actions, he was brutally attacked on 29-11-2007 by the 4th respondent and others and his right hand was broken in the said attack. Ext.P6 is the F.I.R. registered in that crime. Again, the petitioner was attacked on 12-12- 2007 which resulted in registration of Ext.P8 crime. The petitioner submits, he filed a detailed representation before the District Superintendent of Police on 19-12-2007 seeking appropriate directions for police protection. A copy of that petition is produced as Ext.P9. Soon thereafter, the police conducted a raid in that area and 700 litres of wash kept for distilling illicit liquor was seized by the police. The said incident has been reported by the newspapers as per Ext.P10 and other reports. Ext.P11 is the crime and occurrence report in that case filed by the Excise Inspector, Karthikappally. The 4th W.P.(C)No. 4692/2008 -3- respondent is the first accused in that case. The petitioner submits, he and his family members are living under the perpetual threat of the party respondents herein. The police are not taking any effective action to protect them. So he prays for appropriate directions from this Court to grant protection to him and his family members. 3. Respondents 4 and 5 have filed a counter affidavit. The 5th respondent is the son of the 4th respondent. The 4th respondent would submit that in the crimes registered against him, he has already been enlarged on bail. The 5th respondent has nothing to do with the incident narrated by the petitioner. He is a student studying elsewhere, it is submitted. 4. The learned Government Pleader, upon instructions, submitted that the 4th respondent is involved in three crimes wherein the allegations are that the the petitioner was attacked by the 4th respondent and others. It is also submitted that steps have been taken to include him in the rowdy list. 5. Having regard to the facts and circumstances of this case, we feel that the prayer of the petitioner has to be allowed. If the petitioner apprehends any further attack against him and his family members, he may inform the third respondent. In that event the third respondent shall promptly extend necessary protection to the W.P.(C)No. 4692/2008 -4- petitioner and his family members. The second respondent shall consider whether action should be taken against the 4th respondent under the Kerala Anti Social Activities (Prevention) Act, 2007. The writ petition is disposed of accordingly. K. BALAKRISHNAN NAIR, JUDGE M.C. HARI RANI JUDGE ks.