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2022 Supreme(Ker) 723

BECHU KURIAN THOMAS
Prakash Karat – Appellant
Versus
State of Kerala Represented by the Public Prosecutor – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Sri.Alan Papali, Sri.M.K.Damodaran Sr., Sri.Gilbert George Correya, Sri.Sojan Micheal, Sri.P.K.Vijayamohanan
For the Respondent: Sri.T.A Shaji, Sr. Director General Of Prosecution, Sri.P.Narayanan, Senior G.P., Sri. Sajju. S., Senior G.P.

ORDER :

The Association of South East Asian Nations (ASEAN) was formed between ten nations of South East Asia. On 13.08.2009, India entered into a trade agreement with the ASEAN countries. The signing of the agreement was not well received by a few of the political parties. In a bid to compel the Union Government to withdraw from the ASEAN free trade agreement, the Communist Party of India (Marxist) decided to form a State wide human chain in Kerala to be lined up on the sides of the National Highway. The human chain is alleged to have been created over a distance of 500 kilometres, from Kasaragode in the north to Thiruvananthapuram in the south.

2. An Advocate practising in the courts at Thiruvananthapuram preferred a private complaint before the Judicial First Class Magistrate Court, Thiruvananthapuram alleging that the human chain formed on 2nd October 2009 between 5 p.m. to 8 p.m. at the behest of accused 1 to 12 and 10,000 other identifiable persons resulted in the commission of offences under sections 143, 147, 149 and 283 of the Indian Penal Code,1860 apart from section 38 r/w section 52 of the Kerala Police Act, 1960.

3. The complaint also refers to another incident on the sam

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