Allowed

Abdul Kareem v. the State of Kerala & Others

Kerala HC15 Jul 2010WP(C)/19016/2010

Case brief

AI extract

What is this about?

The Court, noting apprehension and FIRs, disposed of the writ petition by making an interim order absolute to protect the petitioner's life against respondents 5 to 8. The Court explicitly stated it did not pronounce on the correctness of allegations, leaving parties to pursue remedies before appropriate authorities.

What did the court decide?

Petitioner's interim application made absolute; protection directed against respondents 5-8; merit of allegations left for competent authority.

Abdul Kareem Vs the State of Kerala… — Constitutional and Fundamental Rights | Kerala HC (2010)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT :

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THE HONOURABLE MR. JUSTICE K.M.JOSEPH &

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THE HONOURABLE MR. JUSTICE M.L.JOSEPH FRANCIS

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THURSDAY, THE 15TH JULY 2010 / 24TH ASHADHA 1932

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WP(C).No. 19016 of 2010(B) --------------------------

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PETITIONER:

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ABDUL KAREEM, AGED 36 YEARS, S/O. KOYAMU HAJI, RESIDING AT IRUMPUYIL HOUSE, P.O.PONMUNDAM MALAPPURAM DISTRICT.

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BY ADV. SRI.C.V.MANUVILSAN SRI.P.G.SURESH SMT.K.VIDYA MANU VILSAN SRI.M.R.VIBIN

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RESPONDENTS:

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THE STATE OF KERALA, REPRESENTED BY ITS SECRETARY, DEPARTMENT OF HOME AFFAIRS, SECRETARIAT, THIRUVANANTHAPURAM.

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THE DIRECTOR GENERAL OF POLICE, THIRUVANANTHAPURAM.

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THE DEPUTY SUPERINTENDENT OF POLICE, TIRUR, MAAPPURAM DISTRICT.

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THE SUB INSPECTOR OF POLICE, KALPAKANCHERY POLICE STATION, MALAPPURAM DISTRICT.

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ABOOBACKER @ KUNJIMON, S/O. CHEKUTTY, RESIDING AT NEDUVANCHERY HOUSE, MANJINGAPRA, PO PONMUNDAM, MALAPPURAM DISTRICT-676106.

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SHAMSEER, S/O. ABOOBACKER @ KUNJIMON, RESIDING AT NEDUVANCHERRY HOUSE, MANJINGAPARA, PO PONMUNDAM, MALAPPURAM DISTRICT PIN-676106.

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ISMAIL, S/O. MOIDU, RESIDING AT NEDUVANCHERY HOUSE, MANJINGAPARA, PO PONMUNDAM, MALAPPURAM DISTRICT. PIN-676106.

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SHAMNAS, S/O. MOIDU, RESIDING AT NEDUVANCHERY HOUSE, MANJINGAPARA, PO PONMUNDAM, MALAPPURAM DISTRICT. PIN-676106.

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GOVERNMENT PLEADER, SHRI T K VIPINDAS FOR R1 - 4 ADV. SRI.M.P.RAMNATH FOR R5-6&8 SRI.P.RAJESH (KOTTAKKAL) FOR R5-6 & 8

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THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 15/07/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C).No. 19016 of 2010

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APPENDIX

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PETITIONER'S EXHIBITS:

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EXT.P1 : A TRUE PHOTOCOPY OF THE FIS IN CR. NO. 170/2010 OF THE KALPAKANCHERY POLICE STATION.

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EXT.P2 : A TRUE PHOTOCOPY OF THE FIR IN CR. NO.180/2010 OF KALPAKANCHERY POLICE STATION

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EXT.P3 : A TRUE COPY OF THE REPRESENTATIOPN DT.7.6.2010 PREFERRED BY THE PETITIONER TO THE 3RD RESPONDENT.

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EXT.P4 : A TRUE COPY OF THE REPRESENTATION BEFORE THE HON'BLE HUMAN RIGHTS COMMISSION.

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EXT.P5 : A TRUE PHOTOCOPY OF THE ACCIDENT CUM WOUND CERTIFICATE. EXT.P6 : THE COMPLAITN GIVEN BY THE PETITIONER TO THE CIRCLE INSPECTOR OF POLICE, KALPAKANCHERY

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EXT.P7 : A TRUE PHOTOCOPY OF THE COMPLAINT IN CMP. 4785/10 ON THE FILE OF JFCM, TIRUR.

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RESPONDENTS' EXHIBITS:

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EXT.R(5)1 :	THE TRUE PHOTOSTAT COPY OF THE FIRST INFORMATION REPORT DT.23.4.2010 REGISTERED BY THE KALPAKANCHERY POLICE.
EXT.R(5)2:	THE TRUE PHOTOSTAT COPY OF THE MASS PETITION AGAINST WRIT PETITIONER FILED BY THE PEOPLE OF THE LOCALITY SEND TO THE HOME MINISTER.
EXT.R(5)3 :	THE TRUE PHOTOSTAT COPY OF THE MASS PETITION AGAINST WRIT PETITIONER FILED BY THE PEOPLE OF THE LOCALITY SENT TO THE OPPOSITION LEADER.
EXT.R(5)4:	THE TRUE PHOTOSTAT COPY OF THE MASS PETITION AGAINST WRIT PETITIONER FILED BY THE PEOPLE OF THE LOCALITY SENTO THE DISRICT COLLECTOR, MALAPPURAM.
EXTR(5)5:	THE TRUE PHOTOSTAT COPY OF THE MASS PETITION AGAINST WRIT PETITIONER FILED BY THE PEOPLE OF THE LOCALITY SENT TO THE SUPERINTENDENT OF POLICE, MALAPPURAM.
EXT.R(5)6 :	THE TRUE PHOTOSTAT COPY OF THE MASS PETITION AGAINST WRIT PETITIONER FILED BY THE PEOPLE OF THE LOCALITY SENT TO THE RDO. TIRUR
EXT.R(5)7	THE TRUE PHOTOSTAT COPY OF THE COMPLAINT FILED BY THE COUSING SISTER OF THE WRIT PETITIONER AGAINST WRIT PETITIONER BEFORE DEPUTY SUPERINTENDENT OF POLICE, TIRUR.
EXT.R(5)8	THE TRUE PHOTOSTAT COPY OF THE COMPLAINT FILED BY THE NEIGHBOUR OF THE WRIT PETITIONER AYISHMMU AGAINST THE WRIT PETITIONER BEFORE THE DEPUTY SUPERINTENDENT OF POLICE, TIRUR

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K. M. JOSEPH & M.L. JOSEPH FRANCIS, JJ.

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- - - - W.P.(C).No. 19016 of 2010 B

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- - - - Dated this the 15th day of July, 2010

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JUDGMENT

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Joseph, J.

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The petitioner has approached this Court seeking a direction to the respondents to provide adequate protection to the life of the petitioner as well as his family, against respondents 5 to 8 and their henchmen.

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Allegations are made against respondents 5 to 8. Respondents 5, 6 and 8 filed a counter affidavit producing Exts.R5(1) to R5(8). Apart from Ext.R5(1), the rest of the documents were mass petitions filed by others against the petitioner. The petitioner has filed a reply affidavit.

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We do not propose to go into the contentions raised by the parties. In view of the apprehension of the petitioner and also

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W.P.(C).No. 19016 of 2010

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Exts.P1 and P2 F.I.Rs., we dispose of the Writ Petition as follows. The interim order is made absolute. We make it clear that we have not pronounced on the correctness of the allegations raised by the parties. We leave it open to the parties to pursue their remedies before appropriate authority, which authority shall be free to proceed in the matter in accordance with law untrammeled by anything contained in this judgment.

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(K. M. JOSEPH) Judge

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(M.L. JOSEPH FRANCIS) Judge

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Abdul Kareem v. the State of Kerala & Others

Case brief

What is this about?

What did the court decide?

Abdul Kareem v. the State of Kerala & Others

Case brief

What is this about?

What did the court decide?

What the court decided

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