REGHUNATH K. M Vs. INSPECTOR GENERAL OF POLICE

JUDGEMENT

(1.) Kerala, the State which boasts of 100% literacy, the State which takes pride in the healthy democratic culture that prevails in the State and which calls itself God's own country - thanks to the commercial tourist jargon, is going to the polls tomorrow. It is now time for eleventh hour police protection petitions in this Court. These eleventh hour police protection petitions, if they are genuine and bona fide, must persuade us to hang our heads down in shamel. If there is such rampant perception that the polls would be marred by violence and unacceptable practices, there is definitely something fundamentally wrong in our democratic culture and traditions. We would like to wish away the apprehensions raised in these petitions as tensed responses of over cautious mind. But the number of the petitions and the nature of the allegations in the petitions persuade us to take them seriously and consider the same in detail.

(2.) We do so because we think that there are substantial issues at stake. The story of independent India has been the story of patience, hope and success of that small man with a small ballot paper, with a small pencil, waiting patiently in front of the polling booth to exercise his duty as part of the sovereign of this mighty country. Our progress may not have been spectacular, our development may have been inadequate, but as a nation, we pride that democracy has survived in this country. Mere survival may be a negative virtue. But in the Indian context the most outstanding achievement that the post independence generation can show case to this world is that survival despite heavy odds against this democratic experiment. Any threat to the democratic way of life in this country, exemplified by the periodic regular and apparently peaceful poll exercise, must therefore be deterred by every member of the polity. Courts can be no exception. These petitions though belated and filed on the eve of the closing of the Courts must hence necessarily receive our quality consideration.

(3.) In all, 24 petitions have been filed claiming police protection. They relate to 22 assembly constituencies. 4 petitions relate to two constituencies - Vamanapuram and Nadapuram. Others relate to 22 different constituencies. Some petitions are filed by the candidates themselves, while some others have been filed by agents / representatives acting on behalf of such candidates. The petitions have been filed belatedly. They have been filed between 06/04/2011 and 12/04/2011. In all petitions filed till 08/04/2011, notice was ordered to the Election Commission and we must note with appreciation that the Election Commission within such a short time has filed detailed counter statements in all those 15 matters explaining various steps taken and giving its response to various grievances raised by the petitioners.