Principal-in-Charge, Aspire College of Advanced Studies, Thrithala; Academic Director, Aspire College of Advanced Studies, Thrithala v. Station House Officer, Thrithala Police Station, Palakkad District and Others

## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** ## **THE HONOURABLE MR. JUSTICE ANIL K.NARENDRAN** # **FRIDAY, THE 05TH DAY OF MARCH 2021 / 14TH PHALGUNA, 1942** ## **WP(C).No.2808 OF 2021(A)** ## **PETITIONERS:** - **1 PRINCIPAL IN-CHARGE, ASPIRE COLLEGE OF ADVANCED STUDIES, THRITHALA P.O., PALAKKAD DISTRICT-679 534, SARADA K, W/O ABHILASH ,AGED 32 YEARS, RESIDING AT OZHUKIL PADINJAREPATHY HOUSE, PATTITHARA (PO), ALOOR, PALAKKAD DISTRICT.** - **2 THE ACADEMIC DIRECTOR, ASPIRE COLLEGE OF ADVANCED STUDIES, THRITHALA P.O., PALAKKAD DISTRICT-679 534.** **BY ADVS. SRI.K.MOHANAKANNAN SRI.P.T.SHAHUL HAMEED** ## **RESPONDENTS:** - **1 THE STATION HOUSE OFFICER, THRITHALA POLICE STATION, PALAKKAD DISTRICT -679 534.** - **2 JISHAD K, S/O SHAHARBAM, KOORIYATTU HOUSE, NJANGATTIRI P.O., PALAKKAD DISTRICT-679 303.** - **3 RASHEED O.P, S/O MUHAMMED OP, ORUVINPURATH HOUSE, KOOTTANAD P.O., PALAKKAD-679 533.** - **4 MANZOOR ALI K.T, S/O SAIDALIKUTTY, KOLLARUTHODI HOUSE, VILATHOOR P.O., THIRUVEGAPURA, PALAKKAD DISTRICT-679 304.** **R1 BY GOVERNMENT PLEADER, SRI SUNIL NATH N.B R2-R4 BY ADV. SRI.K.ABOOBACKER SIDHEEQUE** **THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 05.03.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:** WP(C).No.2808 OF 2021(A) 2 ## **JUDGMENT** The petitioners, who are the Principal-in-charge and Academic Director of Aspire College of Advanced Studies, affiliated with Calicut University, have filed this writ petition under Article 226 of the Constitution of India, seeking a writ of mandamus commanding the 1[st] respondent Station House Officer to give adequate and effective police protection for conducting the institution and to conduct examinations and to avert any threats caused by respondents 2 to 4 and others, to the smooth conduct of the institution. In the writ petition, it is alleged that respondents 2 to 4 and others, who are students of the institution, along with a group of persons more than 20 in number, created law and order issues and damaged tables, furniture and other properties of the institution. Pointing out the said fact, Ext.P1 complaint was filed before the 1[st] respondent Station House Officer, Thrithala Police Station, based on which Crime No.694/2020 has been registered against the party respondents and others, alleging offences under Sections 143, 147, 341, 294(b), 427 and 149 of the Indian Penal Code, 1860. The document marked as Ext.P2 is a copy of the First Information Report. WP(C).No.2808 OF 2021(A) 3 2. On 03.02.2021, when this writ petition came up for admission, the learned Government Pleader took notice on admission for the 1[st] respondent. Urgent notice on admission by special messenger was ordered to respondents 2 to 4. on 05.02.2021, when this writ petition came up for consideration, respondents 2 to 4 entered appearance through counsel and sought time to file counter affidavit. The learned Government Pleader, on instructions from the 1[st] respondent Station House Officer, submitted that in connection with the incidents happened in the institution, a crime has already been registered against 11 students. While listing the matter to 11.02.2021, this Court passed an interim order directing the 1[st] respondent Station House Officer to ensure that there is no threat to law and order in the locality in the meantime. 3. Respondents 2 to 4 have filed counter affidavit, opposing the reliefs sought for in this writ petition, producing therewith Ext.R2(a) representation dated 04.02.2021, submitted by the students, who have been placed under suspension, before the Board for Adjudication of Students Grievances, Calicut University. 4. Along with the memo filed by the learned Government WP(C).No.2808 OF 2021(A) 4 ## Pleader, statement of the 1[st] respondent Station House Officer is placed on record. Paragraphs 2 to 4 of the statement read thus: “2. On 28.12.2020 at 11.30 hrs accused 1 to 5 and other 20 identifiable persons formed themselves into an unlawful assembly trespassed into the cabin of Academic Director, Aspire College of Advanced Studies, Thrithala, demanding the reduction of fee. The accused used filthy words, destroyed tables, chairs, glass, panels, threw crackers into Director's Room and this caused a damage of rupees two lakhs etc. 3. A case has been registered at Thrithala Police Station on the strength of statement give by Mrs.Sarada, Academic Director of Aspire Collage, Thrithala on 29.12.2020 as Crime.694/2020 U/s 143, 147, 341, 294(b), 427 r/w 149 IPC and investigation is being arrested out. 4. In the midest of investigation 286 IPC has been added 11 accused have been arrested. All the accused are the students of the institution. The investigation is being continued to find out other accused and to collect more evidence.” 5. Heard the learned counsel for the petitioner, the learned Government Pleader for the 1[st] respondent and the learned counsel for respondents 2 to 4. 6. The Kerala Police Act, 2011 is enacted to consolidate and amend the law relating to the establishment, regulation, powers and duties of the Police Force in the State of Kerala and for matters WP(C).No.2808 OF 2021(A) 5 connected therewith and incidental thereto. Chapter II of the Act deals with duties and functions of Police. Section 3 of the Act deals with general duties of Police. As per Section 3, the Police, as a service functioning category among the people as part of the administrative system shall, subject to the Constitution of India and the laws enacted thereunder, strive in accordance with the law, to ensure that all persons enjoy the freedoms and rights available under the law by ensuring peace and order, integrity of the nation, security of the State and protection of human rights. Section 4 of the Act deals with functions of Police. As per Section 4, the Police Officers shall, subject to the provisions of the Act, perform the functions enumerated in clauses (a) to (s) of Section 4. As per clause (a), the Police Officers shall enforce the law impartially; and as per clause (b), the Police Officers shall protect the life, liberty, property, human rights and dignity of all persons in accordance with the law. 7. Lord Denning in 'The Due Process of law' [First Indian Reprint 1993, Page 102] has described the role of the Police thus; "In safeguarding our freedoms, the police play vital role. Society for its defence needs a well-led, well-trained and well-disciplined force or police whom it can trust, and WP(C).No.2808 OF 2021(A) 6 enough of them to be able to prevent crime before it happens, or if it does happen, to detect it and bring the accused to justice. The police, of course, must act properly. They must obey the rules of right conduct. They must not extort confessions by threats or promises. They must not search a man's house without authority. They must not use more force than the occasion warrants." 8. In **Manohar Lal Sharma v. Principal Secretary [(2014) 2 SCC 532]** the Apex Court held that, one of the responsibilities of the police is protection of life, liberty and property of citizens. The investigation of offences is one of the important duties the police has to perform. The aim of investigation is ultimately to search for truth and bring the offender to the book. The Apex Court reiterated the said principle in **Ankush Maruti Shinde v. State of Maharashtra [(2019) 15 SCC 470]** . 9. Having considered the submissions made by the learned counsel on both sides and the pleadings and materials on record, this Court finds that the students in the college have certain issues with the management and the incident alleged to have occurred on 28.12.2020 is one in relation to those issues. As can be seen from the counter affidavit filed by the party respondents, disciplinary WP(C).No.2808 OF 2021(A) 7 proceedings have already been initiated against the students, who have approached the Board for Adjudication of Students Grievances, Calicut University. In a writ petition filed seeking police protection, this Court need not go into those issues. In the statement filed on behalf of the 1[st] respondent it is stated that at present there is no law and order issues. In such circumstances, this writ petition is disposed of with the following directions: - (i) The 1[st] respondent shall take necessary steps to ensure that there is no threat to law and order in the locality at the instance of respondents 2 to 4 or their supporters. - (ii) In case there is any threat to the law and order in the locality, on account of any protest or agitation made by respondents 2 to 4 or their supporters, the petitioners shall move the 1[st] respondent Station House Officer with a request for Police protection. - (iii) In case any such request for Police protection is made by the petitioners, the 1[st] respondent shall take necessary action on that request, without any delay, taking note of the statutory provisions referred to WP(C).No.2808 OF 2021(A) 8 hereinbefore and also the law laid down in the decisions referred to supra. **Sd/-** **ANIL K.NARENDRAN** JV **JUDGE** WP(C).No.2808 OF 2021(A) 9 ## **APPENDIX** ## **PETITIONER'S/S EXHIBITS:** **EXHIBIT P1** **TRUE COPY OF THE COMPLAINT DATED 28.12.2020 FILED BY THE PETITIONERS BEFORE THE 1ST RESPONDENT** **EXHIBIT P2 TRUE COPY OF FIR IN CRIME NO.0694 THRITHALA POLICE STATION DATED 29.12.2020** **EXHIBIT P3** - **TRUE COPY OF THE REPORT DATED 14.1.2021 OF THE DISCIPLINARY COMMITTEE.** - **EXHIBIT P4 TRUE COPY OF THE COMMUNICATION SENT BY THE PRINCIPAL TO THE REGISTRAR, CALICUT UNIVERSITY DATED 22.1.2020** **EXHIBIT P5 TRUE COPY OF THE COMPLAINT FILED BY THE PRINCIPAL BEFORE THE 1ST RESPONDENT DATED 21.1.2021** **EXHIBIT P6 TRUE COPY OF THE PHOTOGRAPHS WHICH SHOW THE DESTRUCTION CAUSED TO THE COLLEGE BUILDING AND THE OFFICE OF THE COLLEGE** - **RESPONDENTS' EXHIBITS:** **EXHIBIT R2(A)** **TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE SUSPENDED STUDENTS BEFORE THE BOARD OF ADJUDICATION OF STUDENT GRIEVANCES, CALICUT UNIVERSITY DATED 04.02.2021**