K SURENDRAN Vs. STATE OF KERALA

JUDGEMENT

(1.) This application is filed under Section 439 of the Code of Criminal Procedure.

(2.) The applicant herein is the 13th accused in Crime No.16 of 2018 registered at the Sannidhanam Police Station under Sections 143, 144, 147, 188, 341, 354 and 308 r/w. Section 149 of the IPC.

(3.) The applicant herein is a politician and is said to be a prominent leader of the Bharatiya Janata Party. A 5 Judge Constitution Bench of the Apex Court in Indian Young Lawyers Association and others v. State of Kerala and others,2018 KHC 6760 struck down Rule 3(b) of the Kerala Hindu Places of Public Worship (Authorization of Entry) Rules, 1965, holding it as an exclusionary practice and held that the restriction of entry of Hindu women aged between 10 and 50 years violated their right to practice religion. According to the prosecution, to attain their political objectives, the party to whom the applicant owe allegiance, took a decision to obstruct the women, who were thronging to Sabarimala to pay their obeisance to Lord Ayyappa pursuant to the declaration made by the Apex Court. Large number of party workers and followers were allegedly deployed and they were planted in sensitive positions in and around the Temple and its vicinity to somehow prevent the enforcement of the order of the Supreme Court by the State. They allegedly took law into their own hands and started threatening and manhandling the women and their family members. The District Collector issued orders under Section 144 of the Cr.P.C to somehow quell the violence and prevent the assembly of hooligans and vigilantes, who were determined to disturb the tranquility of the sacred Temple.