Akhil John vs Director General Of Police
2021 Latest Caselaw 18591 Ker

                 IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                  PRESENT
               THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
    WEDNESDAY, THE 8TH DAY OF SEPTEMBER 2021 / 17TH BHADRA, 1943
                          WP(C) NO. 13598 OF 2021


PETITIONERS:

     1     AKHIL JOHN, AGED 32 YEARS
           S/O.JOHN,PUTHENCHIRAYIL HOUSE,
           KONTHURUTHY,THEVARA.PO, KOCHI-13.

     2     NIKHIL JOHN, AGED 32 YEARS
           S/O.JOHN,PUTHENCHIRAYIL HOUSE,
           KONTHURUTHY,THEVARA.P.O,
           KOCHI-13.

           BY ADV MANU ROY


RESPONDENTS:

     1     DIRECTOR GENERAL OF POLICE
           POLICE HEAD QUARTERS,
           THIRUVANANTHAPURAM-695010.

     2     THE CITY POLICE COMMISSIONER,
           KOCHI-682035.

     3     THE STATION HOUSE OFFICER
           ERNAKULAM TOWN SOUTH POLICE STATION,KOCHI-682015.

     4     THE SUB INSPECTOR OF POLICE,
           ERNAKULAM TOWN SOUTH POLICE STATION,
           KOCHI-682015., PIN - -1

           BY GP - SRI.E.C.BINEESH


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
08.09.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WPC 13598/21
                                         2



                             JUDGMENT

The petitioners allege that they are being

harassed unnecessarily by respondents 3 and 4

merely because they were involved in certain

crimes more than four years ago. According to

them, they are activists of a particular political

party and that they are living a life of peace,

following law; but that they changed their

allegiance from their earlier political party to

the present one, which has infuriated the leaders

of the former and consequently, that respondents 3

and 4 are acting under their dictates to harass

them.

2. The petitioners say that their residences

are being constantly searched by respondents 3 and

4 and that they even abused their aged parents by

using disrespectful words like 'eda' 'edi'. They

contend that such actions on the part of the said WPC 13598/21

respondents are illegal and therefore, request

this Court to interdict them from doing so.

3. The afore submissions made on behalf of

the petitioners by Sri.Manu Roy, were vehemently

met by the learned Government Pleader -

Sri.E.C.Bineesh, saying that conduct of the

petitioners is not as clean as it is made to be,

since they are included in the 'Rowdy History

Sheet' maintained under the provisions of the

Kerala Anti-Social Activities (Prevention) Act

('KAAPA Act' for short), as early as in the year

2018. He submitted that they were included in the

said list after noticing that they have committed

various offences, including under Sections 294B

and 506 IPC; and consequently that their

activities have been kept under vigil, as is

permitted under the provisions of law, thereafter.

4. The learned Government Pleader further

submitted that a new crime has been registered

against the petitioners as recently as on WPC 13598/21

19.08.2021 and therefore, that Police have a duty

to ensure that their activities are kept under

check. He concluded his submissions by pointing

out that a statement has been filed on behalf of

the 3rd respondent-Station House Officer, wherein,

the dates on which the Police Authorities visited

the residences of the petitioners have been

detailed and argued that this has been done for

the purpose of checking their habits, so as to

ensure that they do not engage themselves in any

criminal activities in future. He alleged that it

is this which has been now projected by the

petitioners as Police harassment; and prayed that

this Writ Petition be dismissed.

5. I must say upfront that the averments in

this Writ Petition do not match with the

statements now made by the learned Government

Pleader. The petitioners virtually admit that they

have been imputed in certain cases a few years ago

and that they are included in the 'Rowdy History WPC 13598/21

Sheet', but assert that they have been living a

life of peace thereafter. However, the learned

Government Pleader submits that they have been now

involved in a fresh crime and obviously,

therefore, I cannot stop the concerned Police

Officers from causing investigation into it, in

terms of law. Further, the residence visits that

have been mentioned by the petitioners as being

harassment by respondents 3 and 4, are mandated

under the provisions of the 'KAAPA Act' and I

cannot find fault with it, as long as the Police

officers remain within their limits of decorum and

do not harass the parents of the petitioners or

their family members, in any manner whatsoever.

In the afore circumstances, I order this Writ

Petition and direct respondents 3 and 4 to ensure

that, when they act under the provisions of the

'KAAPA Act' against the petitioners, no harassment

is caused to their parents or other family

members; and that every action taken under the WPC 13598/21

ambit of the said Act is done as per law and

without breach of mandatory provisions.

Needless to say, the investigation against

the petitioners, in terms of the crimes

registered, can continue and the vigil to be

maintained against them under the provisions of

the 'KAAPA Act' will also be continued; however,

ensuring that it does not cause any detriment,

except in terms of the applicable provisions of

law.

Sd/-

RR                                       DEVAN RAMACHANDRAN
                                              JUDGE
 WPC 13598/21


               APPENDIX OF WP(C) 13598/2021

PETITIONER EXHIBITS:

Exhibit P1         COPY OF THE ORDER DATED 24.05.2018 OF
                   THE 2ND RESPONDENT.

Exhibit P2         COPY OF COMMON ORDER IN O.P.NO.11/18 &

O.P.NO.12/2018 DATED 21.06.2018.

TRUE COPY OF REPRESENTATION DATED EXHIBIT P3 09.08.2021

EXHIBIT P4 TRUE COPY OF POSTEL RECEIPT DATED 09.08.2021