The High Court of Kerala dismissed a writ petition where the petitioner, a political party leader, sought directions for protecting police database data from alleged leaks by anti-national elements. The court found allegations vague and dismissed the petition for lack of merit.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS
WEDNESDAY, THE 17TH DAY OF JULY 2024 / 26TH ASHADHA, 1946 WP(CRL.) NO. 123 OF 2022
PETITIONER:
SURESH KUMAR K S @ AJI KS. AGED 53 YEARS KANDATHUMETTIL, VENGALLOOR P.O., KUMARAMANGALAM VILLAGE, THODUPUZHA TALUK,IDUKKI, PIN - 685608
BY ADVS. SRI.JAGADEESH LAKSHMAN SRI.K.R.RAJKUMAR SRI.P.L.VENU KUMAR SRI.RAHUL RAJ
RESPONDENTS:
1 STATE OF KERALA REPRESENTED BY THE SECRETARY, DEPARTMENT OF HOME, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695001
THIS WRIT PETITION (CRIMINAL) HAVING COME UP FOR ADMISSION ON 10.07.2024, THE COURT ON 17.07.2024 DELIVERED THE FOLLOWING:
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BECHU KURIAN THOMAS, J.
W.P.(Crl.) No.123 of 2022
Dated this the 17th day of July, 2024
JUDGMENT
Petitioner is the leader of a political party in the Idukki District. He seeks directions of a general nature, which includes matters relating to lapses in protecting sensitive information in the police database. The petitioner has sought directions to the respondents to protect the police database and to take all steps including practices, procedures and reasonable security measures to safeguard the data from reaching the hands of certain anti-nationals.
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persons, can easily be leaked out and despite a police officer divulging the information illegally, only disciplinary action was initiated against him. Petitioner has made sweeping claims that sensitive information gathered by the police is falling into the hands of terrorists and those who exhort the killing of persons of other faiths. Petitioner also alleges that a secret WhatsApp group was operated amongst a few officers from a particular religion under the name 'Pachavelicham', and indulging in supporting anti-national activities and when information about this group surfaced, he filed a representation as Exhibit P2. Subsequently another group by the name 'Pachavelicham 2.0' came up and this group is also suspected of leaking information about police actions to enable the culprits to escape. Petitioner further alleges that the presence of a group inside the police force leaking information is detrimental to the safety and security of the public and that the incidents pointed out were only the tip of the iceberg. Petitioner asserts that the plight of the security of the citizenry is in the hands of the police and when they themselves are joining hands with anti-nationals to ensure that the system is subverted requires a full-fledged enquiry and appropriate action.
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pursuant to the direction of the court wherein it has been stated that Sri. Anas, a Civil Police Officer of Karivannoor Police Station was found to have sent messages of a religious, political and communal nature and that he had also downloaded certain particulars of vehicles from the official application named ‘Crime Drive’ and shared it with one of the accused in Crime No.1813/2021 of Thodupuzha Police Station. The third respondent has also stated that the errant police officer was terminated from service with effect from 27.12.2021 and also that the said incident did not amount to any data theft as alleged since that officer was never entrusted with the safekeeping of any data by the department and also that he had not invaded the database of any computer system without the knowledge of the administrator or owner. Further, the registration particulars of the vehicles are available in the websites of the Kerala Motor Vehicles Department or Parivahan Software and his misconduct was the case of misusing his official capacity for which disciplinary action itself was initiated.
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access was restricted to only four police officers. It is further stated that the allegation regarding the WhatsApp group 'Pachavelicham' operated by an alleged Islamist Radical WhatsApp group of Muslim Police Personnel, has not been reported till date and that though there were rumours of such a group, no evidence could be gathered in connection with the use of that WhatsApp group among the police personnel in the districts. It was specifically mentioned that there was no suspicious incident at Kanjiramattom as alleged by the petitioner and that the allegation of police personnel joining hands with anti-nationals is baseless.
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learned Public Prosecutor.
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material and also since the police force of the State is well equipped with sufficient expertise to protect themselves even in
the absence of any direction from this Court, this writ petition is devoid of any merit.
Hence this writ petition is dismissed.
Sd/BECHU KURIAN THOMAS JUDGE
vps
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APPENDIX
PETITIONER'S/S' EXHIBITS
Exhibit P1 A TRUE COPY OF THE ORDER PASSED BY THE DISTRICT POLICE CHIEF, IDUKKI NO. A1113/2020/ID PASSED AGAINST THE CPO DATED 22-12-2021
Exhibit P2 A TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER BEFORE THE RESPONDENTS DATED 28-12-2021
RESPONDENT'S/S' EXHIBITS
ANNEXURE R3(A) TRUE COPY OF THE ORDER H1-6088/2021/ID DATED 17-02-2022
ANNEXURE R3(B) TRUE COPY OF THE REPORT OF THE COMMISSIONER OF POLICE, THRISSUR CITY
ANNEXURE R3(C) TRUE COPY OF THE AUDIT REPORT MICERT/IND-063-2021 DATED 14.12.2021
2 issues framed by the court
Whether a Writ Petition can be decided based on vague allegations of data leakage without tangible material.
Whether the petitioner has shown that the police database requires judicial directions to safeguard sensitive information.
SURESH KUMAR K S @ AJI KS
STATE OF KERALA
THE STATE POLICE CHIEF, KERALA
DISTRICT POLICE CHIEF IDUKKI
BECHU KURIAN THOMAS
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
