SHAHUL HAMEED Vs. NARAYANA PILLAI

JUDGEMENT

(1.) The above Contempt Petition is filed by the petitioner in C.M.P. No. 31907/2000 in O. P. No. 18831/2000 on the ground of violation of the order in C.M.P. 31907/2000 and C.M.P. 32963/2000. Annexure.A1 is the order dated 7.7.2000 in C.M.P. No. 31907/2000. That order is as follows:

(2.) An affidavit has been filed by the Deputy Superintendent of Police, Adoor. In Para.3 of the affidavit, it is stated as follows:- As and when the police received information that there have been agitation by this Samithi before the factory the police have been very much vigilant to see that there was no untoward incident or any law and order problem because of this agitation. Regarding the petition filed on 4.7.2000, it is stated as follows: When the petition was received by the first respondent, steps were further taken for the proper protection of the place without the occurrence of any untoward incidents. In Para.6 of the affidavit, it is stated as follows:- Everything was normal except for the agitation till 10.7.2000. On 10.7.2000, the protection duty at the factory gate was conducted by a team of policemen consisting of a Sub Inspector, Assistant Sub Inspector and 5 Police Constables. They have been on duty from 8 A.M. onwards. By about 10 A.M. a lorry containing granites came to the factory and a group of agitators about 200 in numbers blocked the lorry demanding settlement of their cause of closure of the bone meal factory. The police intervened and the lorry was taken inside the factory. But by about 5 P.M. on that day itself, the agitators swelled to more than 1000 and they started fighting against the police party posted there. The Assistant Sub Inspector Mr. Kumaran who on official duty was pushed away and by virtually breaking the police cordon the agitators trespassed into the factory and started committing mischief. The details of the incident that took place has been stated in para 6 of the affidavit.

(3.) According to counter affidavit, the police had been given protection to the petitioner. But the crowd has been behaving badly.