IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.BALAKRISHNAN NAIR & THE HONOURABLE MRS. JUSTICE M.C.HARI RANI TUESDAY, THE 29TH JULY 2008 / 7TH SRAVANA 1930 WP(C).No. 21314 of 2008(K) -------------------------- PETITIONER: ------------ 1. P.M.SIMON, 48 YEARS S/O.MATHAI, NISSY BHAVAN PUNALUR VILLAGE, PATHANAPURAM TALUK KOLLAM 2. V.K.DANIEL, 59 YEARS, S/O.KOSHY, PUNNARAPADINJATTATHIL PALOTUKONAM , PUNALUR VILLAGE PATHANAPURAM TALUK, KOLLAM BY ADV. SRI.BIMAL K.NATH SRI.S.JAMAL SRI.E.M.SUNIL KUMAR SMT.SMITHA DIVAKARAN SRI.SREEVALSAN.V RESPONDENTS: ------------- 1. SUPERINTENDENT OF POLICE, KOLLAM 2. SUB INSPECTOR OF POLICE, PUNALUR 3. PASTOR SAM P.DANIEL 50 YEARS, PRESIDENT, TOWN ASSEMBLY OF GOLD CHURCH, CHEMMANTHOOR, PUNALUR. 4. ABRAHAM PAUL, 58 YEARS GREEN VILA, NEAR RAILWAY STATION PUNALUR SECRETARY, TOWN ASSEMBLY OF GOLD CHURCH CHEMMANTHOOR, PUNALUR. BY SR.GOVT.PLEADER SHRI BENJAMIN PAUL FOR R1 & R2 ADV. SRI.A.SANIL KUMAR FOR R3-4 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 29/07/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX IN W.P.(C)No.21314/08 PETITIONERS' EXTS: EXT.P1: TRUE COPY OF THE CONTRIBUTIONS MADE BY THE PETITIONERS. EXT.P2: TRUE COPY OF THE BAPTISM CERTIFICATE ISSUED BY THE CHURCH. EXT.P3: TRUE COPY OF THE COMPLAINT TO THE DISTRICT EXECUTIVE COMMITTEE OF THE CHURCH. EXT.P4: TRUE COPY OF THE PAPER CUTTING. EXT.P5: TRUE COPY OF THE COMPLAINT FILED BY THE PETITIONERS BEFORE THE 1ST RESPONDENT WITH A COPY TO THE 2ND RESPONDENT. EXT.P6: TRUE COPY OF THE HEADING XI OF THE BYLAW. RESPONDENTS' EXTS: EXT.R3(a): TRUE COPY OF THE MASS PETITION SUBMITTED BY THE MEMBERS OF THE CHURCH TO THE 3RD RESPONDENT. EXT.R3(b): TRUE COPY OF THE DECISION OF THE GENERAL BODY MEETING OF THE CHURCH DATED 29.6.08. EXT.R3(c): TRUE COPY OF THE COMPLAINT FILED BY THE 4TH RESPONDENT BEFORE THE 2ND RESPONDENT DATED 29.6.2008. TRUE COPY K.BALAKRISHNAN NAIR & M.C.HARI RANI JJ. ----------------------------------------------------- W.P.(C)No.21314 OF 2008 ----------------------------------------------------- DATED THIS THE 29th DAY OF JULY, 2008 J U D G M E N T Balakrishnan Nair, J. The petitioners submit, they are the members of a church called 'Assemblies of God Church'. 3rd respondent is the paster of their local church and 4th respondent is the Secretary of the Committee of that local church. There were allegations of sexual misconduct towards women from the part of the 3rd respondent. The victim filed a complaint before the church authorities. The petitioners also raised complaints about the same before the competent authority of the church. Being infuriated by that, the respondents 3 and 4 are threatening and pressurising the petitioners to withdraw their complaint. Further, they have sent muscle men to man handle the petitioners on 30.6.2008. Since the local Sub Inspector of Police is siding with the party-respondents, the petitioners filed a complaint before the Superintendent of Police seeking necessary protection to their life. A copy of that complaint is produced as Exhibit P5. Since, the police did not take any action, this Writ Petition is filed seeking appropriate direction to respondents 1 and 2 to provide adequate W.P.(C)No.21314/08 -2- protection to the life of the petitioners. Respondents 3 and 4 submitted that the allegations against the 3rd respondent are unfounded. The first petitioner wants to be the Secretary of the church and he is unnecessarily interfering in the functioning of the church. In fact, respondents 3 and 4 are threatened by the muscle men employed by the petitioners and they require protection of the police. It is also submitted that the competent authority of the church has already dismissed both the petitioners from the church and therefore they can claim no right as members of the church. 2. We heard the learned Government Pleader for the respondents 1 and 2 also. 3. In reply, the learned counsel for the petitioners submitted that they have no intention whatsoever to attack the party-respondents or harm them. We record the submissions made by both sides that they have no intention to physically attack or harm the opposite parties. Recording those submissions, this Writ Petition is disposed of. K.BALAKRISHNAN NAIR,JUDGE. M.C.HARI RANI, JUDGE. dsn