Shaheeda Beevi vs District Police Chief
2023 Latest Caselaw 50 Ker

W.P.(C).No.34018 of 2022
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             IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                   PRESENT
             THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN
   FRIDAY, THE 6TH DAY OF JANUARY 2023 / 16TH POUSHA, 1944
                           WP(C) NO. 34018 OF 2022
PETITIONER:

             SHAHEEDA BEEVI
             AGED 51 YEARS
             THOPPIL HOUSE, C/O HASSAINAR, CHUNDAMPATTA HOUSE,
             AALIPARAMBU, THOOTHA POST, MALAPPURAM, PIN -
             679357

             BY ADVS.
             DENIZEN KOMATH
             RENU B RAJ.



RESPONDENTS:

      1      DISTRICT POLICE CHIEF
             O/O DISTRICT POLICE CHIEF, MALAPPURAM, PIN -
             676509

      2      STATION HOUSE OFFICER
             PERINTHALMANNA POLICE STATION, MALAPPURAM, PIN -
             679322

      3      MUHAMMADALI @ ALI
             S/O KUNJUVAAPPA, THANKAYIL HOUSE, THOOTHA P.O.,
             MALAPPURAM, PIN - 679357

      4      ABDUL NASAR
             S/O PAREETH, THAIKKATTIL HOUSE, THOOTHA P.O.,
             MALAPPURAM, PIN - 679357
 W.P.(C).No.34018 of 2022
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      5       MUHAMMED @ VAAPPANU
              S/O MAYIN, THOTTASSERI AANTHOOR PARAMBIL, THOOTHA
              P.O., MALAPPURAM, PIN - 679357

      6       NAJEEB
              S/O MOIDU , NELALAYA PUTHEN PEEDIEKKAL , THOOTHA
              P.O., MALAPPURAM, PIN - 679357

      7       ABDUL SALAM
              S/O MAMMI, NELLAYA PUTHEN PEEDIEKKAL, THOOTHA
              P.O., MALAPPURAM, PIN - 679357

      8       MUSTHAFA @ BOUSU
              S/O KUNJALIPPO, PAARAKKATHODU, THOOTHA P.O.,
              MALAPPURAM, PIN - 679357

      9       NOUSHAD
              S/O KUNJAPPU @ KUTTAAPPU , CHUNDAMPATTA HOUSE,
              THOOTHA P.O., MALAPPURAM, PIN - 679357

     10       ASSAINAR C.P ( SOUGHT TO BE IMPLEADED )
              CHUNDAMPATTA HOUSE, THOOTHA P.O., ALIPARAMBU,
              MALAPPURAM ( SOUGHT TO BE IMPLEADED )

              BY ADVS.
              AHAMED FAZIL E.C.
              REKHA.V.



OTHER PRESENT:

              SRI.T.K.SHAJAHAN-SR.GP




       THIS     WRIT       PETITION   (CIVIL)   HAVING   COME   UP   FOR
ADMISSION ON 21.12.2023, THE COURT ON 06.01.2023 DELIVERED
THE FOLLOWING:
 W.P.(C).No.34018 of 2022
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                          ANU SIVARAMAN, J.
                     = = = = = = = = = = = = = = =
                         W.P.(c).No.34018 of 2022
                    = = = = = = = = = = = = = = = =
                  Dated this the 6th day of January, 2023

                                  JUDGMENT

1. This writ petition is filed seeking the following reliefs:

"a) Call for the entire records pertaining to the facts pleaded in the writ petition (civil).

b) Issue a Writ of Mandamus, any other Order writ or direction, directing the respondents 1 and 2 herein to afford adequate and appropriate Police aid and protection to afford adequate and appropriate police aid and protection to hold prayers under the label 'Al Ithihad Swalah Majlis' against the hooligan and illegal obstruction, caused by the Respondents 3 to 9 or their men.

c) Issue a Writ of Mandamus, any other Order writ or direction, to take immediate action as contemplated under law on Exhibit P-3 complaint lodged by the Petitioner involving commission of cognizable offences by the Respondents 3 to 9."

2. Heard the learned counsel for the petitioner, the learned

Government Pleader as well as the learned counsel appearing

for respondents 3 to 9.

W.P.(C).No.34018 of 2022

3. The learned counsel for the petitioner submits that the

petitioner is a Convener of a prayer group by name "Al Ithihad

Swalah Majlis, which is engaged in religious preaching,

prayers and cultural activities. It is submitted that monthly

prayers are being conducted by the prayer group. It is

submitted that respondents 3 to 9 along with ten other

identifiable persons had stormed into the program venue of

the monthly prayer conducted on 20/10/2022 and had created

a law and order situation. It is submitted that the petitioner

had submitted complaint before the 1 st respondent, but no

action was taken thereon.

4. A counter affidavit has been placed on record by respondents

6, 7 and 8 stating that the petitioner is engaged in black magic

and witchcraft and the 4th respondent had submitted a

complaint before the Mahal committee. It is stated that the

khabar of one N.P Sura was vandalized and a coconut was

found buried in the same. It is submitted that the Mahal

Committee within whose control the graveyard is situated had

taken a resolution to maintain vigil against such activities and W.P.(C).No.34018 of 2022

take action, if such allegations are found to be true. Show-

cause notices were, therefore, issued to one Abdul Naser,

Mohamed alias Vaapu, Mohammedali etc. It is submitted that

several complaints have also been submitted by the Mahal

Committee members and the residents of the locality before

the police. It is further contented that one Ali, who was

initially supporting the petitioner, had submitted Ext.R6(h)

statement before the Mahal Committee against the prayer

group. It is submitted that a crime was registered against one

Ali alias Mohammed Ali and Subair for offences punishable

under Sections 447 and 153 read with Section 34 IPC. It is

submitted that it is on the apprehension that on investigation

into the crime the petitioner is likely to be implicated and

made an accused that this writ petition is filed. It is submitted

that there has been no attack or hooliganism at the instance of

the party respondents and that all such allegations are false.

5. A reply affidavit has also been placed on record wherein it is

contended that all allegations of witchcraft etc. against the

petitioner are false and that apart from certain rumors there is W.P.(C).No.34018 of 2022

no material whatsoever against the petitioner and the

petitioner has no connection with any witchcraft of any nature.

Impleading petitions have also been placed on record

supporting the contentions of the petitioner.

6. Having considered the contentions advanced, I notice that

there are allegations of conduct of witchcraft and other allied

offences as against the prayer group being conducted by the

petitioner. Complaint appears to have been raised by the

Mahal Committee against the the organizers of the prayer

group and also certain residents of the locality. A prayer for

police protection cannot be made to stall any investigation

being conducted into criminal complaints against the members

of the prayer group or even against the petitioner. However,

the respondents cannot attack the petitioner or obstruct his

normal day-to-day activities. In case of any overt acts by the

respondents threatening the life of the petitioner, the

petitioner is free to approach the Station House Officer, who

shall afford adequate protection to the life of the petitioner.

This will not stand in the way of proper investigation being W.P.(C).No.34018 of 2022

conducted into any criminal complaint or allegation of

witchcraft or other illegal activities against the petitioner or

any of the members of the prayer group.

The writ petition is ordered accordingly.

sd/-

Anu Sivaraman, Judge

sj W.P.(C).No.34018 of 2022

APPENDIX OF WP(C) 34018/2022

PETITIONER EXHIBITS

Exhibit P-1 TRUE PHOTOCOPY OF THE PUBLIC NOTICE REGARDING THE PROGRAM SCHEDULED BY THE PETITIONER'S PRAYER GROUP

Exhibit P-2 TRUE PHOTOCOPY OF THE MIKE SANCTION RECEIVED BY THIS PETITIONER'S PRAYER GROUP

Exhibit P-3 TRUE PHOTOCOPY OF THE COMPLAINT PREFERRED BY THE PETITIONER BEFORE THE 1ST RESPONDENT DATED 21.10.2022

Exhibit P-3(a) TRUE PHOTOCOPY OF THE RECEIPT ISSUED BY THE 1ST RESPONDENT DATED 22.10.2022

RESPONDENT EXHIBITS

Exhibit R6(b) True copy of minutes of the meeting of Manafiul Islam Sangham dated 21.10.2022

Exhibit R6(d) True copy of complaint dated 02.11.2022 submitte by Secretary of Manafiul Islam Sangham to Suprindennt of Police / District Police Chief, Malappuram

Exhibit R6(a) True copy of un dated notice of spiritual tour issued by petitioners prayer group namely Al Ithihad Swlath Majlus, Shaheeda Beevi , Spiritual Healer, Thootha, Perinthalmanna Taluk

Exhibit R6(c) True copy of the show cause notices dated 22.10.2022 issued to Abdul Nasar, Muhammed alias Vappu, Muhammedali by Manafi ul Islam Sangham, Thootha W.P.(C).No.34018 of 2022

Exhibit R6(e) True copy of the receipt issued from the Office of the District Police Chief, Malappuram dated 02.11.2022

Exhibit R6(f) True copy of receipt dated 02.11.2022 issued to Abdul Nasar, Secretary of Manafi ul Islam Sangham from Perinthalmanna Police Station

Exhibit R6(g) True copy of Acknowedgment Receipt dated 02.11.2022 issued from Aliparamba Grama Panchayath to Manafi ul Islam Sangham

Exhibit R6(i) True copy of First Information Report in Crime No. 1313 of 2022 of Perinthalmanna Police Station

Exhibit R6(h) True copy of statement in writing rendered by Sri. Ali before teh Manafi ul Islam Sangham / Thootha Mahal Committee on 02.11.2022

PETITIONER EXHIBITS

Exhibit P-4 True photocopy of the photographs of the monthly prayer conducted by the Petitioner dated 20/10/2022

RESPONDENT EXHIBITS

Exhibit R-10(a) TRUE PHOTOCOPY OF THE MIKE SANCTION REGISTER DETAILS AND RECEIPT DATED 17/10/2022,

True copy

PS to Judge