Jasmine vs State Of Kerala
2021 Latest Caselaw 13420 Ker

WP(C) NO. 2691 OF 2020                  1



                    IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                      PRESENT

                  THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN

            MONDAY, THE 28TH DAY OF JUNE 2021 / 7TH ASHADHA, 1943

                             WP(C) NO. 2691 OF 2020

PETITIONER/S:

              JASMINE
              AGED 35 YEARS
              W/O.SIRAJUDHEEN, VISHWADARSHAN CHARITABLE TRUST, LAILA
              MANZIL, THAMALLAKKAL.P.O., HARIPPAD, ALAPPUZHA-690548.

              BY ADV M.R.NANDAKUMAR


RESPONDENT/S:

      1       STATE OF KERALA,
              REP. BY HOME SECRETARY, MINISTRY OF HOME AFFAIRS, GROUND
              FLOOR, MAIN BLOCK, SECRETARIAT, THIRUVANANTHAPURAM-695001.

      2       DIRECTOR GENERAL OF POLICE,
              POLICE HEAD QUARTERS, VAZHUTHACAUD, THIRUVANANTHAPURAM-
              695010.

      3       DISTRICT POLICE CHIEF,
              CCSB ROAD, CIVIL STATION WARD, ALAPPUZHA-688012.

      4       STATION HOUSE OFFICER,
              HARIPPAD POLICE STATION, ALAPPUZHA-690514.

      5       SHIBU.A.,
              AGED 44 YEARS, S/O.ABDUL AZEEZ, NJEKKANAL.P.O., ALAPPUZHA-
              690533.

      6       IBRAHIMKUTTY,
              AGED 49 YEARS, S/O.MUHAMMED HANEEFA, KRISHNAPURAM.P.O.,
              NJEKKNAL, ALAPPUZHA-690533.
      7       SHARAFUDHEEN KUNJU (RAJAN BABA),
              AGED 52 YEARS, S/O.ALIYAR KUNJU, KUNJANNADIYIL,
              OACHIRA.P.O., VALIYAKULANGARA, KOLLAM-690526.
              BY ADV SRI.V.VINAR,
              SRI.N.B.SUNIL NATH, GP

THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 28.06.2021,

THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 2691 OF 2020              2




                      P.V.KUNHIKRISHNAN, J
                --------------------------------------------
                     W.P.(C.) No.2691 of 2020
                   --------------------------------------
               Dated this the 28th day of June, 2021


                              JUDGMENT

The above writ petition is filed with the following

prayers :

i) "Issue a writ in the nature of mandamus or any other appropriate writ, order or direction directing the respondents 2 to 4 to provide adequate and sufficient police protection to the life of the petitioner from the 5 th and 7th respondents and their men.

ii) Issue a writ of mandamus or any other appropriate writ or directions to the respondents 2 to 4 to take immediate and effective steps/action pursuant to Ext.P2 in accordance with law.

iii) Issue such other order or directions, as this Hon'ble Court deems fit and proper, in the interest of justice."

2. When this writ petition came up for consideration

on 30.1.2020, this Court passed the following order.

"Issue notice to respondents 5 to 7 by special messenger. Police shall accord necessary protection to the life of the petitioner, if so warranted.

Post on 13.02.2020."

3. Thereafter, when the matter again came up for

consideration on 10.03.2020, this Court passed the following

order.

"The Police shall conduct an enquiry and file a report about the activities of the petitioner before this Court by next

posting."

4. When this writ petition came up for consideration,

the Government Pleader submitted that the petitioner, her

husband and others constituted a charitable trust. The trust

is not even registered. The Government Pleader also

submitted that huge amounts are collected from different

persons and the same is misused by the petitioner. The

contesting respondents also submitted that after availing

huge amount from different persons, the petitioner will

obtain a police protection order from this Court and

thereafter, she will try to escape from the liability. The

contesting respondents opposed the prayer in the writ

petition. The contesting respondents also submitted that

several criminal cases are pending in connection with this

issue.

5. After hearing both sides, I think the petitioner is not

entitled the reliefs as prayed in this writ petition. Accor ding

to the Government Pleader, the petitioner and others

constituted an unregistered charitable trust and collecting

huge amounts for running an orphanage. These are matters to

be investigated by the Police. The Police is free to investigate

all these allegations and can do the needful, in accordance to

the provisions of Criminal Procedure Code and Police Act.

The Police is free to register a case, if there is any criminal

offence is made out. But, I make it clear that if there is any

threat to the life of the petitioner, the petitioner is free to

approach the Station House Officer concerned and the

Station House Officer will do the needful. But, I also make it

clear that under the guise of the protection to the life

granted by this Court, the petitioner cannot do illegal

activities, which should be investigated by the Police

concerned.

With these observations, the above writ petition is

disposed of.

Sd/-

P.V.KUNHIKRISHNAN JUDGE SKS

APPENDIX OF WP(C) 2691/2020

PETITIONER ANNEXURE

EXHIBIT P1 A TRUE COPY OF THE JUDGMENT IN WPC.NO.25623 OF 2018 DATED 26.8.2019.

EXHIBIT P2 A TRUE COPY OF THE COMPLAINT DATED 15.2.2019 PREFERRED BEFORE 2ND TO 4TH RESPONDENT.