T R DEVAN Vs. STATE OF KERALA

JUDGEMENT

(1.) These three writ petitions have been filed as pro bona publico seeking action against Mr. P.K. Kunhalikutty who was a Cabinet Minister in the present Government till first week of January of this year, but later resigned. He is the 2nd respondent in W.P. (c) No. 33821/2004, 1st respondent in W.P. (c) No. 34015/2004 and 4th respondent in W.P. (c) No. 34301/2004. Allegations are common to him to the effect that he is involved in the offences committed under Crime No. 282/ 1997 of Nadakavu Police Station, Kozhikode. The above crime was registered on the basis of a complaint lodged by Anweshi Women's Counseling Centre alleging commission of offences punishable under Sections 361, 366(A) and 377 of the Indian Penal Code.

(2.) One Ms. Sreedevi was alleged to be running commercial sex centre under the guise of running an ice cream parlor. Now, it is famously called as 'Ice cream parlor sex scandal'. No others were specifically named except the above lady and basing upon the said complaint lodged on 6-8-1997, Police swung into action and arrested the above lady who was arrayed as the first accused and later on, after investigation 15 more were added to the list of the accused making a total of 16 accused, and, according to the Police, the offences with which the above accused punishable are under Sections 366, 109 and 341 of the Indian Penal Code read with Section 5(ia), (c) and (d) of the Immoral Traffic Prevention Act. The above 16 accused were identified by the police basing upon the evidence collected during investigation. After the conclusion of the investigation, charge-sheet has been filed before the Court of Magistrate which has then committed the case to Sessions Court and the same is pending trial in Sessions Case No. 124 of 2002.

(3.) In these writ petitions, though several facts are stated, but all lead to seeking of one main prayer, i.e. to prosecute Mr. P.K. Kunhalikutty who is hereinafter referred to as the '1st respondent'. The allegations are that he has got political clout being Secretary of Indian Union of Muslim League (IUML) and being the powerful Minister in the State Cabinet he was wielding great influence and because of the exertion of influence and money power, the Kerala Government and its crime investigating agency have saved him from prosecution in spite of availability of abundant evidence against him. He is alleged to have indulged in sex with one Ms. Rejina during the year 1997 and that she was a minor at that time and that, being economically poor, she was unlawfully exploited for monitory considerations.