Kerala High Court
Jaffar.P.Poovar vs Director General Of Police on 8 September, 2021
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. 17149 OF 2021
PETITIONER:
JAFFAR.P.POOVAR, AGED 56 YEARS,
S/O. PEERUKANNU, ASHIYANA, POOVAR P.O.,
THIRUVANANTHAPURAM, PIN-695 525.
BY ADVS.R.T.PRADEEP
M.BINDUDAS
K.C.HARISH
RESPONDENTS:
1 DIRECTOR GENERAL OF POLICE,
KERALA, POLICE HEADQUARTERS, VAZHUTHACAUD P.O.,
THIRUVANANTHAPURAM-695 014.
2 DEPUTY SUPERINTENDENT OF POLICE,
OFFICE OF DEPUTY SUPERINTENDENT OF POLICE,
NEYYATTINKARA P.O., THIRUVANANTHAPURAM.
3 STATION HOUSE OFFICER, POOVAR POLICE STATION,
POOVAR P.O., THIRUVANANTHAPURAM-695 525.
4 VINOD KUMAR, S/O. VIDHYADHARAN, MEMBER,
KOVALAM AREA COMMITTEE, COMMUNIST PARTY OF INDIA
(MARXIST), RESIDING AT PATTIYAKALA JUNCTION,
POOVAR P.O., THIRUVANANTHAPURAM, PIN-695 525.
5 BOBAN KUMAR, S/O.BABY, SECRETARY, LOCAL COMMITTEE,
POOVAR, COMMUNIST PARTY OF INDIA (MARXIST),
RESIDING AT OOTTUKUZHI, POOVAR P.O.,
THIRUVANANTHAPURAM, PIN-695525.
6 SAKKEER HUSSAIN, S/O. PEER MUHAMMED, BRANCH SECRETARY,
POOVAR TOWN, COMMUNIST PARTY OF INDIA (MARXIST),
RESIDING AT UPPUKUTTUVILAKOM, POOVAR P.O.,
THIRUVANANTHAPURAM, PIN-695 525.
BY ADVS.SRI.E.C.BINEESH, GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
08.09.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 17149 OF 2021
-2-
JUDGMENT
The petitioner has approached this Court with
a plea that Police be directed to afford him
protection to conduct a public function for the
inauguration of "Comrade Arumanoor K. Bahuleyan
Memorial Centre" on 27.08.2021.
2. However, when it was brought to the notice
of the learned counsel for the petitioner -
Sri.R.T.Pradeep, by the learned Government Pleader
- Sri.E.C.Bineesh, that all public functions are
now prohibited on account of the COVID-19 pandemic
protocols, he gave up the afore plea, but prayed
that his client and associates be directed to be
granted sufficient protection to their lives, to
function the aforementioned Centre.
3. Sri.E.C.Bineesh - learned Government
Pleader, submitted that there are no threats now
faced by the petitioner from any source and,
WP(C) NO. 17149 OF 2021
therefore, that this writ petition is unnecessary.
He, however, added that if the petitioner makes
complaint against any person, including
respondents 4 to 6, necessary steps will be taken
by the Police; and he pointed out that, in the
past, when the petitioner made such a complaint,
Ext.P1 FIR had been registered and investigation
into the same had been initiated.
4. In reply, Sri.R.T.Pradeep submitted that
his client switched loyalty from one party to
other, and that this is infuriated respondents 4
to 6. He submitted that there were earlier threats
to his client's life and, therefore, that it is
now imperative that the Police be directed to
afford adequate protection to his life and for the
smooth functioning of the aforementioned Centre.
5. When I consider the afore submissions, it
is without doubt that the police are obligated in
law to ensure that every citizen of this Country
WP(C) NO. 17149 OF 2021
is properly and adequately protected. Therefore, I
have no doubt that they must afford effective
protection to the petitioner, as far as his life
is concerned.
6. That said, with respect to the functioning
of the aforementioned Centre, if the petitioner
has any grievance or he faces any threat in
future, then certainly he is at liberty to
approach the 3rd respondent with an appropriate
complaint; in which event, same will be
investigated and sufficient action taken thereon.
Resultantly, this writ petition is ordered
directing the 3rd respondent to ensure that life of
the petitioner is protected from every threat and
intimidation from any source, including from
respondents 4 to 6; and I leave liberty to him to
approach the Police in the event of any further
problem that he may face from any source; in which
event, the 3rd respondent will take necessary
WP(C) NO. 17149 OF 2021
action, as per law swiftly and quickly.
Sd/-
DEVAN RAMACHANDRAN
JUDGE
akv
WP(C) NO. 17149 OF 2021
APPENDIX OF WP(C) 17149/2021
PETITIONER'S EXHIBITS
EXHIBIT P1 TRUE COY OF F.I.R DATED 9.12.2020 IN
CRIME NO.1399/2020 OF POOVAR POLICE
STATION.
EXHIBIT P2 TRUE COPY OF THE DISCHARGE SUMMARY
DATED 9.12.2020 OF PETITIONER OF NIMS
HOSPITAL.
EXHIBIT P3 TRUE COPY OF THE RENTAL AGREEMENT DATED
10.8.2021 IN FAVOUR OF PETITIONER.
EXHIBIT P4 TRUE COPY OF THE PROGRAMME NOTICE DATED
27.8.2021.
EXHIBIT P5 TRUE COY OF THE MIKE PERMISSION DATED
23.8.2021 OF POOVAR POLICE STATION.
EXHIBIT P6 TRUE COPY OF REQUEST DATED 22.8.2021 OF
PETITIONER SEEKING POLICE PROTECTION.
EXHIBIT P7 TRUE COPY OF ACKNOWLEDGMENT DATED
22.8.2021 OF POOVAR POLICE STATION AS
REGARD RECEIPT OF EXHIBIT P-6.
RESPONDENT'S/S EXHIBITS : NIL.
//TRUE COPY//
P.A. TO JUDGE
