Kerala High Court
International Organization For Human ... vs State Of Kerala on 16 January, 2013
Bench: S.Siri Jagan, K.Harilal
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE S.SIRI JAGAN
&
THE HONOURABLE MR.JUSTICE K.HARILAL
FRIDAY, THE 26TH DAY OF APRIL 2013/6TH VAISAKHA 1935
WP(C).No. 11460 of 2013 (F)
----------------------------
/PETITIONER:
--------------------
INTERNATIONAL ORGANIZATION FOR HUMAN RIGHTS PROTECTION,
REG:NO.IV/308/99,
HAVING ITS ADMINITRATIVE OFFICE AT B6,
AKSHARASOUDHAM, VANCHIYOOR(P.O),
TRIVANDRUM-695035. REGISTERED OFFICE AT PUNARTHAM,
KEEZHAKETHIL, TEMPLE ROAD, ANAYARA.P.O.,
THIRUVANANTHAPURAM,
REPRESENTED BY ITS CHAIRMAN P.S.SREEKUMARAN,
S/O.P.N.SIVADASAN, RESIDING AT TC/77/1262,
PATTATILAKOM, PETTAH, TRIVANDRUM-695024.
BY ADV. SMT.SADHANA KUMARI ESWARI
RESPONDENTS:
------------------------
1. STATE OF KERALA,
REPRESENTED BY THE CHIEF SECRETARY,
DEPARTMENT OF HOME, GOVERNMENT OF KERALA, SECRETARIAT,
THIRUVANANTHAPURAM-695001.
2. DIRECTOR GENERAL OF POLICE,
POLICE HEAD QUARTERS, TRIVANDRUM-695001.
3. SUB INSPECTOR OF POLICE,
KOLLAM WEST POLICE STATION, KOLLAM, PIN-691001.
4. ASSISSTANT COMMISSIONER OF POLICE,
KARUNAGAPPALLY-690518.
5. SUPERINTENDENT OF POLICE,
KOLLAM(CITY), KOLLAM-601001.
6. SUPERINTENDET OF POLICE,
KOLLAM(RURAL), OFFICE AT KOTTARAKARA, KOTTARAKKARA,
PIN-601001.
7. SUPERINTENDENT OF POLICE,
KOZHIKODE DISTRICT, KOZHIKODE, PIN-673121.
W.P.C.11460/13
8. SUPERINTENDENT OF POLICE,
IDUKKI POLICE, IDUKKI-685603.
9. SUPERINTENDENT OF POLICE,
ALAPPUZHA DISTRICT, ALAPPUHA-688001.
10. CIRCLE INSPECTOR OF POLICE,
PETTAH, THIRUVANANTHAPURAM-695001.
BY GOVERNMENT PLEADER SMT.ANITHA RAVINDRAN
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 26-04-2013,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No. 11460 of 2013 (F)
APPENDIX
PETITIONER'S EXHIBITS:
EXHIBIT-P1: COPY OF THE SCHEME.
EXHIBIT-P2; COPY OF THE LETTER DATED 16/1/2013.
EXHIBIT-P3: COPY OF THE LETTER DATED 3/7/2012.
EXHIBIT-P4: COPY OF THE ORDER DATED 16-08-2011 IN WP(C)21473/11.
EXHIBIT-P5: COPY OF THE NOTICE DATED 3/8/2012.
EXHIBIT-P6: COPY OF THE UNDATED REPRESENTATION TO CHIEF MINISTER.
EXHIBIT-P7: COPY OF JUDGMENT DATED 13/6/12 IN WP(C) 8454/12.
EXHIBIT-P8: COPY OF THE LETTER DATED 3/7/2012.
RESPONDENTS' EXHIBITS: NIL.
Srd (True copy) P.S.to Judge.
S.SIRI JAGAN & K.HARILAL, JJ.
----------------------------------------------------
W.P.(C) No.11460 OF 2013
---------------------------------------------------- Dated this the 26th day of April, 2013 Judgment Siri Jagan, J.
The petitioner is a Trust stated to be registered under the Indian Trusts Act. They have approached this court seeking the following reliefs:
"a) Direct the police not to harass the petitioner or its staff or the members of Joint Liability Groups (JLGs) and Self Help Groups(SHGs) which are formed under International Organisation for Human Right Protection.
b) Direct the police to issue notice under 160 Cr.P.C. by post, before summoning the petitioner or the members of the JLGs' and SHGs' formed under the petitioner.
c) Direct the respondent not to prevent the petitioner and its functionaries from forming JLGs' and SHGs' and Associations.
d) Declare that the work being done by the petitioner in forming Joint Liability Groups (JLGs) and Self Help Groups (SHGs) is legal.
e) Direct the respondents not to prevent petitioner from forming JLGs' and SHGs' and Associations."
In respect of the activities of the petitioner in the Kollam region, seeking identical reliefs, the petitioner, along with two others filed W.P.(C).No.21473 of 2011, in which a Division Bench of this Court passed Ext.P4 judgment, which reads as follows:
"The 1st petitioner, International Organisation for Human Rights Protection, claiming to be a registered organisation founded with the objective of eradicating poverty and two of its Taluk committee members have approached this Court W.P.C. 11460/13 2 complaining that the police, particularly respondents 3 to 5 are harassing and intimidating the petitioners and members of various Self Help Groups functioning under the 1st petitioner Trust. In para 16, the petitioners have narrated the incident of a lady by name Smt.Aleema who was a beneficiary of one of the Self Help Groups under the 1st petitioner Trust, being taken into custody by the police. On considering this writ petition for admission, we directed the learned Government Pleader to seek instructions from respondents 4 or 5 regarding the correctness of the accusations in the writ petition. Accordingly, the learned Government Pleader has made submissions before us on the basis of the instructions received by him. Learned Government Pleader submitted that the accusations or harassment by the police are without any basis. Referring to the alleged incident of Smt.Aleema been taken into custody, the learned Government Pleader submitted that when the activists and the functionaries of the 1st petitioner Trust went over to the villages, the villagers suspected that they are propagating some activity comparable to money-chain schemes intended to cheat the public. The police intervened when information was received that, Smt.Aleema was going to be manhandled by the villagers. The police was only rescuing Smt.Aleema and not harassing her as alleged by the petitioners. Learned Government Pleader submitted that at the moment the police has not received any complaint against any of the three petitioners and that if complaint is received, the police will be obliged to conduct enquiries. Learned counsel for the petitioners Smt.Sadhana Kumari however reiterating the averments in the writ petition made submission that, the public objection is at the instance of local politicians, who are miscreants according to the petitioners. The functionaries of the 1st petitioner Trust are not associating with them and the police is harassing the petitioners and activists of the 1st petitioner Trust.
2. Having anxiously considered the rival submissions addressed at the Bar, we do not think that any case is made out for issuance of the direction sought for in the writ petition. However, we dispose of the writ petition with a direction to respondents 3 to 5 that if any of them require the attendance of any member of the 1st petitioner Trust, including the petitioners 2 and 3, in connection with the enquiry into any complaint received against the petitioners, they will issue notice under Section 160 of Cr.P.C. and secure their attendance."
W.P.C. 11460/13 3Learned counsel for the petitioner submits that this writ petition in respect of other regions may also be disposed of in terms of that judgment. Accordingly, this Writ Petition is disposed of in terms of the judgment quoted above.
S.SIRI JAGAN, JUDGE.
K.HARILAL, JUDGE.
srd