KERALA NADVATHUL MUJAHIDEEN Vs. STATE OF KERALA

JUDGEMENT

(1.) K .M. Joseph, J Petitioner has approached this court seeking the following reliefs :

(2.) BRIEFLY put the case of the petitioner is as follows: Petitioner a Society registered in 1957 with laudable objective and rendering immaculate service for the uplift and well being of the society in general and the followers of Islam in particular faces series of criminal acts of unimaginable proportions at the hands of respondents 7 to 15 and their men with bad antecedents and connections with local criminals. Kerala Salafi Centre, a 5 storied building which houses a mosque, guest rooms, hostel rooms for students and rooms for conducting classes is under the siege of the miscreants from 29.3.2013, 10.30 AM onwards. Rs.2,92,000/- has been stolen. Records have been taken away. The rough and tumble scenes created by more than 75 miscreants and the brutal physical attack inflicted on 3 employees including an old aged security guard have inflicted fear in the minds of the students, teachers and other office bearers and employees of the centre and therefore the petitioner, other authorised office bearers and employees are unable to go to Kerala Salafi Centre to resume its normal functioning. Police adopts an inert approach as portion of the building is a mosque. But this cannot be a reason for any anti-social element to continue grave illegal acts. Most of the persons in the building under siege are dangerous criminal and armed with fatal weapons. Petitioner or other authorisied office bearers or employees of KNM will not be able to go to the centre and resume the functioning of the same unless respondents 1 to 6 ensure protection to them. The inert approach adopted to the repeated complaints sans justification. Petitioner and other KNM office bearers and employees facing genuine threat to their life approach this court to get their grievance redressed.

(3.) AS far as third prayer is concerned going by the law declared, such relief cannot be granted. As far as first prayer is concerned, it is submitted by learned Government Pleader that proceedings were initiated by Revenue Divisional Officer under section 145 Cr.P.C and Receiver is in possession. According to learned counsel for party respondents, the said order has been challenged by the petitioner, which is pending consideration in this court. In such circumstances, it is not a fit case for considering the case for police protection.