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2015 Supreme(Online)(KER) 36211
HIGH COURT OF KERALA
ASHOK BHUSHAN, CJ, A.M.SHAFFIQUE, J
SAI DAS – Appellant
Versus
SUB INSPECTOR OF POLICE – Respondent
WP(C)/21030/2015
SRI.P.SATHISAN, SRI.P.VIJAYARAGHAVAN
The absence of disruption during worship justified the court's decision to dismiss the petitioner's claims for intervention.
Headnote:
Obstruction - Worship Activities - N/A - The court emphasized the absence of any disruption to worship activities as law enforcement was present, concluding that the petitioners could seek assistance if further issues arose.
Fact of the Case:
The petitioners claimed obstruction by certain respondents against prayers at 'Immanuel Church', with concerns about a potential demonstration that could hinder attendance.
Finding of the Court:
Despite the petitioners' fears, no law and order issues occurred during recent prayers, and police ensured the services continued without disturbance.
Issues: Whether the petitioners are entitled to relief against alleged obstructions to their worship activities.
Ratio Decidendi: The court ruled that no immediate threat to worship activities existed, thus no directive was necessary at the moment.
Final Decision: The writ petition is closed.
JUDGEMENT
Shaffique, J.
Petitioners have approached this Court alleging that certain obstructions are being created by respondents 3 to 5 in the matter relating to prayers being conducted in a worship centre, which has been in existence since 1978 under the name and style 'Immanuel Church'.
2. The learned State Attorney, on instructions, would submit that the petitioners' apprehension was that a demonstration was proposed to be conducted by certain persons in the locality. Reference is made to Exhibit P3(b) complaint, in which the petitioners apprehended that law and order situation may arise during the mass being conducted on 5.7.2015. According to the petitioners, if any such demonstration is conducted, it will prevent the participants from attending the prayer. The learned State W.P(C).21030/15 2 Attorney further submits that the Police personnel were present during the said period and no untoward incident was reported. There was a small dharna, but they have not created any law and order situation by which the prayer was disturbed in any manner. The learned State Attorney further submits that even the last Sunday prayer was conducted as usual and the Police personnel were available to ensure law and order.
3. Having regard to the aforesaid factual situation, we do not think it necessary to issue any direction as prayed for. If there is any further obstruction from the side of the party respondents, it shall always be open for the petitioners to seek assistance of the Police, which request shall be looked into and the needful be done. The Writ Petition is closed.
ASHOK BHUSHAN CHIEF JUSTICE A.M.SHAFFIQUE JUDGE vgs14/7/15
