Kerala High Court
The Manager vs The City Police Commissioner on 29 June, 2009
Author: K.M.Joseph
Bench: K.M.Joseph
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE K.M.JOSEPH
&
THE HONOURABLE MR.JUSTICE K.HARILAL
MONDAY, THE 8TH DAY OF OCTOBER 2012/16TH ASWINA 1934
WP(C).No. 22119 of 2012 (L)
---------------------------
PETITIONERS:
-------------
1. THE MANAGER,, AGED 56 YEARS
PROVIDENCE WOMEN'S COLLEGE, CARMEL HILL
MALAPARAMBA P.O., KOZHIKODE-673 009.
2. THE PRINCIPAL,
PROVIDENCE WOMEN'S COLLEGE, CARMEL HILL
MALAPARAMBA P.O., KOZHIKODE-673 009.
BY ADVS.SRI.ABRAHAM VAKKANAL (SR.)
SRI.PAUL ABRAHAM VAKKANAL
SRI.DIJO SEBASTIAN
RESPONDENTS:
--------------
1. THE CITY POLICE COMMISSIONER,
KOZHIKODE, MANANCHIRA-673001.
2. THE AKHIL BHARATHIYA VIDHYARTHI PARISHATH,
ABVP OFFICE, NEAR PUSHPA JUNCTION, KALLAYI ROAD
KOZHIKODE, PIN:673003,
REPRESENTED BY ITS SECRETARY.
3. THE STUDENTS FEDERATION OF INDIA,
DISTRICT COMMITTEE KOZHIKODE
C.H.KANARAN SMARAKA MANDIRAM, KANNUR ROAD
KOZHIKODE-673011
REPRESNETED BY ITS SECRETARY SHRI T.P.BINEESH.
4. THE KERALA STUDENTS UNION,
DISTRICT COMMITTEE, KOZHIKODE, D.C.C. OFFICE
NADAKKAVU P.O., KOZHIKODE-673011
REPRESENTED BY ITS PRESIDENT SHIR. R.SHAHIN.
5. THE SUB INSPECTOR OF POLICE,
CHEVAYUR POLICE STATION, CHEVAYUR P.O.
KOZHIKODE-673017.
R1 & R5 BY GOVERNMENT PLEADER MR.SYAMKUMAR
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 08-
10-2012, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WPC 22119/12
APPENDIX
PETITIONERS' EXHIBITS:
EXHIBIT P1: TRUE COPY OF THE RESOLUTION OF THE MANAGING GOVERNING BODY
DATED 29.6.2009.
EXHIBIT P2: TRUE COPY OF THE LETTER TO THE 2ND PETITIONER DATED
6.9.2012.
EXHIBTI P3: TRUE COPY OF THE MINUTES OF THE STAFF CONCIL DATED 7.9.2012.
EXHIBIT P4: TRUE COPY OF THE PETITION TO THE 1ST RESPONDENT DATED
7.9.2012.
EXHIBIT P5: TRUE COPY OF THE MINUTES DATED 14.9.2012.
EXHIBIT P6: TRUE COPY FO THE PETITION TO THE 1ST RESPONDENT DATED
14.9.2012.
RESPONDENTS' EXHIBITS: NIL
K.M.JOSEPH & K.HARILAL, JJ.
---------------------------------------------------- W.P.(C). No.22119 of 2012
---------------------------------------------------- Dated this the 8th day of October, 2012 Judgment Joseph, J.
Briefly put, the case of the petitioners is as follows:
The 1st petitioner is the Manager of the college and the second petitioner is the Principal. About 1500 girls are studying in the college. There are 12 departments. Graduate and Post Graduate courses are offered for study. Politics is banned in the college campus following Lyngdoh Committee report and following the directions issued by this court in 2003. In fact, politics has never been allowed in the college campus from the very inception. The formal resolution by the Governing Body banning politics in the college campus was passed as per the norms of the Lyngdoh Committee report on 29.6.2009. Classes have never been disrupted in the college on strikes or interferences of political parties or their students wing. After Onam holidays the college was reopened on 4.9.2012. As usual, classes were started at 9.15 AM. At about 11 AM, a group of boys WPC 22119/12 2 numbering about 50 came under the leadership of the 2nd respondent in several motor bikes at the college gate and threatened and demanded the security staff to have them entry in the college campus. They entered the college campus by force and approached the 2nd petitioner introducing themselves as ABVP students and demanded to disburse classes as they are on strike on account of Coal Gate issue agitation going on in North India and in Parliament. When the 2nd petitioner refused, they threatened her and they will not go out if the classes are not stopped. Though the college office telephoned to Chevayur Police Station, nobody turned up. Hence fearing untoward incidents, the 2nd petitioner was forced to disburse the classes. On 6.9.2012 by noon, again a group of students under the leadership of th 2nd respondent in several bikes entered the college campus by force and demanded the Principal to disburse the classes. This time the reason stated was that one of the ABVP students died in clash in Kannur and hence, they are observing Hartal and strike. The 2nd respondent also gave the 2nd petitioner a letter dated 6.9.2012 stating to cooperate with them in the strike. The 2nd petitioner refused to oblige them stating that disruption of classes on any WPC 22119/12 3 account cannot be accepted and the college and the students are not involved or interested in politics. However, the students under the leadership of the 2nd respondent became belligerent and wild and demanded that unless the classes are disbursed, they will enter each and every class room and forcefully disrupt classes and they took rounds in motor bikes in the college campus by shouting slogans. So, the 2nd petitioner in consultation with the 1st petitioner and Staff Council was compelled to declare a holiday. This time also, though complained to Chevayoor Police Station for help over phone, no effective action has been taken by the police. On an earlier occasion, i.e. one day in July also, the 2nd petitioner was forced to disburse classes on account of threat from the striking students from outside. So, the management, Staff Council, Parent Teachers Association and the students have again resolved to seek police protection to prevent disruption of classes by outside students indulging in strikes or hartal for one reason or the other. Therefore, the 2nd respondent submitted a petition before respondents 1 and 5 requesting them to provide police protection to the petitioners' college, students, staff and properties from the unlawful activities of outsiders and political WPC 22119/12 4 activists including students union like respondents 2 to 4 and other similar unions and preventing them from entering into the college campus and disrupting classes.
2. We heard learned counsel for the petitioners and the learned Government Pleader for respondents 1 and 5. Though notice served, there is no appearance for the party respondents.
3. The learned Government Pleader would submit that this is an one time incident following the death of a student in Kannur District. The learned counsel for the petitioners points out that there are two incidents. The learned Government Pleader would further submit that if it is necessary and if the petitioners submit a petition seeking police protection, necessary action will be taken by the police. We record the above submission of the learned Government Pleader and close the Writ Petition.
K.M.JOSEPH, JUDGE.
K.HARILAL, JUDGE.
srd WPC 22119/12 5 WPC 22119/12 6