IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE P.BHAVADASAN MONDAY, THE 10TH OCTOBER 2011 / 18TH ASWINA 1933 WP(C).No. 25883 of 2011(I) ------------------------------- PETITIONER(S): ------------------ 1. DIVINE MEDICAL CENTRE LTD., WADAKANCHERY REPRESENTED BY MR.M.K.ASAF ALI, MANAGING DIRECTOR, DIVINE MEDICAL CENTRE LTD., WADAKANCHERY PIN 680 582, THRISSUR DISTRICT. 2. M.K.ASAF ALI, MANAGING DIRECTOR, DIVINE MEDICAL CENTRE LTD., WADAKANCHERY PIN 680 582, THRISSUR DISTRICT. BY ADV. SRI.P.BHASKARAN SRI.V.K.NANDAKUMARAN SRI.P.S.HARIHARAN RESPONDENT(S): ------------------- 1. THE SUB INSPECTOR OF POLICE, WADAKKANCHERY, THRISSUR DT. PIN 680 582. 2. THE INSPECTOR GENERAL OF POLICE, THRISSUR RANGE, THRISSUR-680582 GOVT. PLEADER SMT.C.M.CHARISMA THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 10/10/2011,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 25883 of 2011(I) APPENDIX PETITIONERS' EXTS EXT.P1:- TRUE COPY OF THE COMPLAINT DATED 24/09/2011. EXT.P2:- TRUE COPY OF THE FIR DATED 24/09/2011 EXT.P3 & P4:- TRUE COPY OF THE PAPER REPORTS DATED 25/09/11 //TRUE COPY// P.A. TO JUDGE PIUS C. KURIAKOSE & P. BHAVADASAN, JJ. ------------------------------------------------ W. P. C. No.25883 of 2011 ------------------------------------------------ Dated this the 10th day of October, 2011 JUDGMENT Pius C. Kuriakose, J On considering this Writ Petition filed by M/s Divine Medical Centre Ltd., a hospital at Wadakanchery and its Managing Director seeking police protection for the conduct of the hospital and also to the lives, property and working freedom of the Doctors, Nursing Staff, Paramedical staff etc. attached to the hospital, we directed the Government Pleader to seek instructions from the 1st respondent, Station House Officer as to whether any enquiry was conducted into Ext.P1 complaint and if so, with what result. The Government Pleader was also directed to seek instructions from the Police as to the correctness of the averments in the Writ Petition. Today, on the basis of instructions received Smt.C.M.Charisma, the learned Government Pleader submitted that while undergoing treatment in the hospital, W. P. C. No.25883 of 2011 -2- one Balakrishnan died and the death of Balakrishnan resulted in considerable protest from the local public, who alleged that it was due to the negligence of the medical and other staff of the 1st petitioner hospital that Sri.Balakrishnan died. The police have registered Crime No.813/11 for unnatural death and the same is under investigation. Considering the complaint of the petitioners that peaceful conduct of the hospital has become impossible due to the violent acts of the protesters, the police have registered Ext.P2 crime which is also under investigation. Even though there was violent protest immediately after the death of Balakrishnan, the situation is presently under control. According to the learned Government Pleader there is no necessity to issue specific directions for police protection. 2. Sri.P.Bhaskaran, the learned counsel for the petitioners does not agree. Sri.Bhaskaran submitted that the police was adopting lukewarm attitude whenever reports are given to them regarding contumacious acts perpetrated by W. P. C. No.25883 of 2011 -3- the agitators, who believe that the death of Sri.Balakrishnan was due to negligence on the part of the hospital personnel. The death according to Sri.Bhaskaran was due to cardiac arrest and not due to any negligence. The situation is not under control. Every now and then the agitators come and make trouble. Even though the matters are readily reported to the police they are very slow in responding to the request for protection. 3. We have very anxiously considered the submissions of the learned Government Pleader and those of Sri.Bhaskaran. We are of the view that it is for the 1st respondent to investigate into Crime No.813/11 sincerely and expeditiously and to bring the really guilty persons to book. We direct the 1st respondent to do so. So also we direct the 1st respondent to expedite the investigation of Ext.P2 crime, to identify the accused and submit final report before the Magistrate having jurisdiction without further delay. There will be a further direction to the 1st respondent W. P. C. No.25883 of 2011 -4- to take prompt action if and when reports are received from the 1st petitioner hospital of further trouble on account of the death of Sri.Bhaskaran and to render requisite protection for the peaceful conduct of the hospital and for the lives and limbs of the Doctors, Nursing Staff, the Management personnel and the paramedical staff attached to the above hospital. While deploying additional police force at the instance of the 1st petitioner, the 1st respondent can have due regard to the provisions of the Section 62 of the Kerala Police Act and Rules if any framed thereunder. PIUS C. KURIAKOSE JUDGE P. BHAVADASAN JUDGE kns/- W. P. C. No.25883 of 2011 -5-