Dismissed

Adv.P.a.Pouran v. the State of Kerala

Kerala HC26 Oct 2017WP(C)/34261/2017

Case brief

AI extract

What is this about?

In this PIL, the General Secretary of People's Union for Civil Liberties sought directions to register a new FIR regarding the alleged fake encounter killing of two Maoists and to entrust the case to CBI. The two-judge bench dismissed the petition as premature, holding that the petitioner had not exhausted available legal remedies by filing a complaint with the police or approaching the jurisdicti

What did the court decide?

Petitioner requested directions to CBI to register FIR and investigate; court declined to intervene citing premature filing due to lack of exhausted remedies.

Adv.P.a.Pouran Vs the State of Kerala — Criminal Trial and Appeal | Kerala HC (2017)

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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 ANTONY DOMINIC

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THE HONOURABLE MR. JUSTICE DAMA SESHADRI NAIDU

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THURSDAY, THE 26TH DAY OF OCTOBER 2017/4TH KARTHIKA, 1939

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WP(C).No. 34261 of 2017 (S)

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PETITIONER:

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ADV.P.A.POURAN,

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AGED 68 YRS,S/O.ANTONEY,GENERAL SECRETARY, AND PEOPLE'S UNION FOR CIVIL LIBERTIES, KERALA STATE COMMITTEE,

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'SILENT VALLEY', MANJERI-676 121, KERALA.

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BY ADVS.SRI.T.ASAFALI SMT.LALIZA.T.Y.

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RESPONDENTS:

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THE STATE OF KERALA, REP. BY THE SECRETARY TO GOVT.,DEPT OF HOME, GOVT.OF KERALA,THIRUVANANTHAPURAM,PIN-692 031.

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THE STATE POLICE CHIEF,

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POLICE HEAD QUARTERS, THIRUVANANTHAPURAM,PIN-695 001.

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THE SHO, EDAKKARA POLICE STATION,POST EDAKKARA-679 331, MALAPPURAM DT.

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THE DIRECTOR, CENTRAL BUREAU OF INVESTIGATION,NEW DELHI-110 011.

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R BY SR.GOVERNMENT PLEADER SRI.ARAVINDAKUMAR BABU R BY SRI.P.CHANDRASEKHARA PILLAI, C.B.I.

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 26-10-2017, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C).No. 34261 of 2017 (S)

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APPENDIX

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PETITIONERS' EXHIBITS:

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EXHIBIT P-1 RELEVANT CLIPPINGS OF THE NEWS REPORT PUBLISHED BY THE HINDU DAILY ON 26TH NOVEMBER 2016.

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EXHIBIT P-2 RELEVANT CLIPPINGS OF THE NEWS REPORT PUBLISHED BY MALAYALA MANORAMA DT.26TH NOV.2016

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EXHIBIT P2(A) TRUE ENGLISH TRANSLATION OF THE STATEMENT OF MR.KANAM RAJENDRAN

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EXHIBIT P3 NEW PAPER REPORTS ON THE HINDU DAILY ON 26TH NOV.2016

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EXHIBIT P3(A) RELEVANT PAPER CLIPPINGS OF THE HINDU DAILY DT.26-11-2016

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EXHIBIT 4 CERTIFIED COPY OF THE FIR NO.536/2016 OF EDAKKARA POLICE STATION, MALAPPURAM DISTRICT DT.24-11-2016

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EXHIBIT P4(A) A TRUE ENGLISH TRANSLATION OF THE POLICE REPORT DATED 24.11.2016

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EXHIBIT P5 AN ENGLISH VERSION OF THE STATEMENT OF MR.D.SREEDHARAN DT.20TH JAN.2017

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EXT.P6 A COPY OF THE LETTER DT.9.12.2016 ADDRESSED TO THE DISTRICT MAGISTRATE,MALAPPURAM INFORMING THE DESIRE OF THE PETITIONER TO PARTICIPATE IN THE MAGISTERIAL ENQUIRY.

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EXT.P7 RETURNED COPY APPLICATION DT.29.6.2017

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EXT.P-8 A CERTIFIED COPY OF SCENE MAHAZAR DT.25-11-2016 PREPARED IN FIR NO.536/2016 OF EDAKKARA POLICE STATION

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EXT.P8(A) TRUE COPY OF THE ENGLISH TRANSLATION OF THE SCENE MAHAZAR DATED 25.11.2016

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EXT.P9 A TRUE COPY OF THE MORTEM REPORT OF THE BODY OF KUPPUSWAMY DT.26-11-2016

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EXT.P10 CERTIFIED COPY OF THE POST MORTEM REPORT OF DECEASED AJITHA DT 26-11-2016

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EXT.P11 A TRUE COPY OF THE REPRESENTATION DT.30TH NOV.2016

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EXT.P12 A TRUE COPY OF THE CIRCULAR DT.2-12-2003.

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RESPONDENTS' EXHIBITS:

NIL.

// TRUE COPY //

P.S. TO JUDGE

ANTONY DOMINIC, J. & DAMA SESHADRI NAIDU, J.

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- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -

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W.P.(C)No.34261 of 2017

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- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 26^th day of October, 2017

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JUDGMENT

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Antony Dominic, J.

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This public interest litigation has been filed by the General Secretary of an organisation known as “People's Union for Civil

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Liberties, Kerala State Committee” seeking the following directions:

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(i) issuing a writ of mandamus or any other writ or order directing the fourth respondent to register a FIR regarding the killing of two Maoists at Unakkappara region of the Karulai forests Malappuram District, Kerala on 24^th Nove. 2016 and to investigate the case together with FIR No.536/2016 of Edakkara Police Station, Malappuram district, Kerala either by himself or by his subordinates;

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(ii) direct the first respondent to issue orders for entrusting the case referred to above by the Central Bureau of Investigation.

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According to us, if the death of the persons mentioned in

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the petition was in a fake encounter as sought to be made by the

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petitioner and is an offence under the penal law and if it is the

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W.P.(C)No.34261 of 2017

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: 2 :

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grievance of the petitioner that the law enforcement agencies of the State are not registering a crime and investigating the same, the

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remedy available to the petitioner is to set the law in motion by making a complaint to the police or to the jurisdictional court. We find that the petitioner has not taken recourse to these legal remedies that are available.

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Therefore, according to us, the petition filed at this stage is

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a pre-mature one. We, therefore, without prejudice to the remedies

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available to the petitioner decline to entertain this writ petition.

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Writ petition is dismissed.

sd/-

ANTONY DOMINIC

JUDGE

sd/- DAMA SESHADRI NAIDU JUDGE

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jes

Adv.P.a.Pouran v. the State of Kerala

Case brief

What is this about?

What did the court decide?

Adv.P.a.Pouran v. the State of Kerala

Case brief

What is this about?

What did the court decide?

What the court decided

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