FAIZAL P. K. Vs. STATE OF KERALA

JUDGEMENT

(1.) This application for anticipatory bail arouses and brings to my mind disturbing thoughts about the attitude of the polity to the police and vice versa.

(2.) The alleged fact scenario in the present case is one of very common occurrence in Kerala. The Keralite sees it often through the visual media. A political demonstration is taking place. A large number of persons with flags walk down a street to proceed to the nerve centre of official activity. Police with visible anxiety and apprehension waits for them. The police have instructions to stop the procession at a certain point. Barricades have already been put up and the police cordon is arranged. The crowd reaches the barricade. The police ask them to stop. Then starts the oft repeated sequences. The demonstrators do not stop. They in mad frenzy try to break the police barricade and cordon and proceed further. Inanimate barricades and live policemen are beaten up. The police force also start losing their self control not befitting their position as a trained force. Commotion and pandemonium descends. It is anarchy and free for all thereafter. To what extent it should go may vary as per the script already written, when 'X' combination rules 'Y' combination indulges in such demonstration. Not to be out done, when 'Y' combination rules 'X' combination indulges in the same behaviour with vengeance.

(3.) Are we going mad After completing 60 proud years - 'Shashtabdhyapoorthi', of our existence as a democracy, cannot the enlightened literate polity of Kerala imbibe, prescribe and follow a healthier culture for protests and demonstrations. Right to dissent conceded, should we not express our dissent in less unruly and more civilized manner Why should the police barricades and cordons be broken How is the protest less efficacious if you stop at the barricade and continue the slogan shouting Should the policemen discharging their official duties be attacked and tormented