ABY SAM Vs. STATE OF KERALA

JUDGEMENT

(1.) PETITIONERS are students of an Engineering College. They have come to this Court with this petition claiming police protection for the orderly and peaceful conduct of Tech Fest by name AADIKARA, said to be a cultural festival to be conducted today, tomorrow and day after tomorrow at the Aban Auditorium, Pathanamthitta.

(2.) ACCORDING to the petitioners, they have filed this petition on 31.03.2011 after making all arrangements for the conduct of the Tech Fest. They pray that police protection may be afforded to them for the conduct of the Tech Fest. Principal of the college, the 5th respondent, admittedly had issued Ext.P6 communication to the Deputy Superintendent of Police, Pathanamthitta, expressing the apprehension that the conduct of the Tech Fest may lead to law and order problems. Thereafter the Circle Inspector of Police had issued Ext.P5 letter to the manager of the auditorium cautioning him of the the possibility of a law and order situation and instructing him not to give the auditorium for the conduct of the festival.

(3.) THE 5th respondent has entered appearance through a counsel. THE learned counsel for the petitioners submits that the Principal stands by Ext.P6, but has no objection in the Tech Fest being conducted elsewhere, ie. outside the college. THE learned Government Pleader on behalf of respondents 1 to 4 submits that there have been crimes registered earlier. THEre are conflicts between 3 groups of students. In one of the earlier incidents, a person had suffered injuries and he is even now in the hospital. Peaceful conduct of the festival will be impossible. Police men are deputed for duty in connection with the elections and it would be virtually impossible for the police to afford protection to the petitioners. In these circumstances, no police protection may be ordered, submits the learned Government Pleader. As perceived by the Principal of the College and as perceived by the police officials, the conduct of the Tech Fest is likely to result in law and order situation and, in these circumstances, police protection may not be ordered as the police, on account of inadequate personnel, will not be able to enforce law and order and comply with specific directions of the Court. THE learned Government Pleader submits that on receipt of the report of the Principal, ie. Ext.P6, necessary action has already been taken to ensure that there is no law and order situation.