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 12TH NOVEMBER 2008 / 21ST KARTHIKA 1930 WP(C).No. 31072 of 2008(Y) -------------------------- PETITIONER(S): --------------- 1. KHADEEJA W/O. KHALID (LATE) AGED 59 YEARS,MATHILAKATH HOUSE, ENAMAVU, CHAVAKKAD TALUK 2. SHAHIDA, D/O. KHALID (LATE) AGED 19 YEARS, MATHLAKATH HOUSE, ENAMAVU, CHAVAKKAD THALUK. BY ADV. SRI.SUNNY MATHEW RESPONDENT(S): --------------- 1. THE SUB INSPECTOR OF POLICE, PAVARATTY POLICE STATION 2. THE DEPUTY SUPERINTENDENT OF POLICE NARCOTIC CELL, THRISSUR. 3. THE SUPERINTENDENT OF POLICE, THRISSUR. 4. STATE OF KERALA, REPRESENTED BY THE SECRETARY, HOME DEPARTMENT, GOVERNMENT SECRETARIAT, TRIVANDRUM. BY SR. GOVERNMENT PLEADER SRI.BENJAMIN PAUL THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 12/11/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.BALAKRISHNAN NAIR & M.C.HARI RANI, JJ. ----------------------------------------- W.P.(C) NO. 31072 OF 2008-Y ----------------------------------------- Dated 12th November, 2008. JUDGMENT Balakrishnan Nair, J. The 1st petitioner is the mother of the 2nd petitioner. The 1st petitioner is a widow and the 2nd petitioner is an unmarried girl aged 19 years. The 1st petitioner's son Mr.Asif is an accused in Crime No.461/2008 of Pavaratty Police Station. The petitioners complain about the harassment from the part of Pavaratty Police. They say, the police visit their house at odd hours and they are being threatened and harassed. In the above background, this Writ Petition is filed, alleging police harassment and seeking necessary directions to the police to refrain from harassing them. The petitioners' representation Ext.P1 before the superior police officer did not yield any results. Therefore, they were constrained to file this writ petition, it is submitted. 2. The 2nd respondent has filed a statement, stating that the 1st WPC 31072/08 2 petitioner's son Asif is the 2nd accused in Crime No.452/2008, registered under Sections 143, 144, 120B, 153A, 201, 212 and 302 read with Section 149 of the I.P.C. It was a case in which one Mr.Baiju, who was an R.S.S worker was brutally murdered. The said Asif is accused of having chopped the head of the deceased. The accused in that case are hardcore N.D.F activists, it is submitted. The police also submit that they have not summoned the petitioners to the Police Station or went to their house or harassed them. Since their house is the house of the accused also, surveillance is undertaken to find out whether the accused is coming there. 3. Having regard to the nature of the allegations against Mr.Asif, the son of the 1st petitioner, the police are bound to take prompt and effective action to arrest him. They should spare no efforts to find out other culprits also. They should be conceded freedom to question the petitioners also, if found necessary, to collect the required details about Mr.Asif. So, the legitimate actions taken by the police as part of the investigation cannot be described as harassment. We record the submission of the 2nd respondent that the police have no intention, WPC 31072/08 3 whatsoever, to harass the petitioners and they will conduct the investigation only in accordance with law. The Writ Petition is disposed of as above. K.BALAKRISHNAN NAIR, JUDGE. M.C.HARI RANI, JUDGE. Nm/