Dr. AR. Lakshmanan, J.

(Factual Discussion - Paras 1 to 37 omitted - Ed.)

38. Mr. Revada A. Chandrasekhar hails from Andhra. He is a member of the Indian Police Service. He was selected by the Union Public Service Commission for appointment to the IPS cadre. After completing his training course, he was allotted to the IPS cadre of Kerala State. He got his first posting as Asst. Superintendent of Police on 23.11.94 at Thalassery, Kannur. He assumed charge in the afternoon of 23.11.94. Before joining duty he hardly got any time to familarise himself with his official duties or with the local language. He was informed that the then Minister for Co-operation would be making an official visit to Kuthuparamba on 25.11.94 and that there was a likelihood of a serious law and order situation developing in the above place. He was advised to attend the meeting of the police officers to be held on the next day to discuss the ways and means for containing the apprehended law and order situation. He was further told that police force had strict instructions from the Headquarters to make arrangements for providing adequate and effective protection to the Minister for all his official visits especially to Kannur District, where the threat against his life was real and grave. The discussion took place in the office of the Supdt. of Police, Shri. K. Padmakumar on 25.11.94. A final decision regarding various steps to be taken by the police to maintain law and order was arrived at. When the decision, as evidenced by Ext. PI. was taken in the meeting of the Police Officers, sufficient information was gathered by the police from various intelligence sources regarding the nature and gravity of the law and order situation which was likely to develop on the occasion of the visit of the men Minister, Shri. M. V. Raghavan. In this background the presence of an Executive Magistrate was requisitioned by the Supdt. of Police, Kannur and the District Collector, Kannur, directed Shri. T.T. Antony, Dy. Collector and Executive Magistrate to remain on duty at Kuthuparamba Town Hall when the Minister for Co-operation was to attend the function on 25.11.1994. The entire area was divided into five sectors and details regarding the duties to be performed by the police led by senior officers were mentioned in Ext. P1. Sector 5 specified in Ext. P1 was put in charge of the petitioner, who had to perform his duties with the assistance of senior officers like Philip Joseph and several other Assistant Officers. The Officers were given specific instructions to ensure smooth entry of the Minister into the Town Hall and that no obstructions are made on the toad leading to the Town Hall. As already noticed, the petitioner was totally unfamiliar with the local situation, made an assessment of the duties to be performed by him and discharged the same to the best of his ability with the assistance received from the senior police officials placed under his charge. The Minister was to arrive at 10.00 a.m. on 25.11.1994. In the meanwhile thousands of persons belonging to the militant groups and other rank and file of the Marxist Communist Party collected at various places covered by the five sectors mentioned in Ext. P1. It may be noticed that all these groups of persons belonged to the then opposition party righting the then ruling party in the State viz., UDF and the Minister, Shri. M.V. Raghavan was a member of the UDF Government. The Minister's motorcade arrived near the town hall at 11.45 a.m. By that time the crowd began to surge forward shouting slogans crashing through the blockade made by the police. They pelted stones against the police and they were hit by stones. By that time the Executive Magistrate, Shri. T.T. Antony was present at the spot, took over control of the situation and declared the crowd an unlawful assembly and ordered the police to disperse them. It became very difficult for the police to disperse the crowd as the crowd of people turned out to