Advocates:
RAMESH BABU M. R.G. PRAKASH

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CASE NO.:

Appeal (crl.) 689 of 2001

Special Leave Petition (crl.) 1522 of 2000

PETITIONER:

T.T.ANTONY

Vs.

RESPONDENT:

STATE OF KERALA & ORS.

DATE OF JUDGMENT: 12/07/2001

BENCH:

S.S.M.Quadri, S.N.Phukan

JUDGMENT:

J U D G M E N T

SYED SHAH MOHAMMED QUADRI, J.

Leave is granted in all the special leave petitions.

These four appeals arise out of the common judgment of a

Division Bench of the High Court of Kerala at Ernakulam in WA Nos.

2708/1999, 2709/1999, 2710/1999, 8/2000, 52/2000 and 200/2000

dated February 29, 2000. Criminal Appeal NO. of 2001 (arising

out of SLP(Crl.) No.1522/2000) is filed by T.T. Antony, Deputy

Collector and Executive Magistrate, Kannur; Civil Appeal No. of

2001 (Arising out of SLP(C) No. 8840/2000) is filed by fourteen

police constables; and Criminal Appeal Nos. of 2001

(Arising out of SLP(Crl.) Nos. 2724-25/2000 are filed by the State of

Kerala. These appeals relate to the same incident and raise common

questions of facts and law so they are being dealt with together.

The relevant facts, giving rise to these appeals, which have a

strong political backdrop, need to be noticed for appreciating the

contentions of the parties.

The Communist Party of India (Marxist), C.P.I.(M), is said to

have a strong hold in Kannur District of the State of Kerala. One

Mr.M.V. Raghavan who was once a comrade-in-arms in C.P.I.(M)

and was its M.L.A. for over 15 years, broke away from that party and

formed a new party -- ’The Communist Marxist Party’ (CMP). He

was elected as an M.L.A on the ticket of CMP from the Azheekkode

Constituency, Kannur District. The CMP became a constituent of

United Democratic Front (UDF) which formed the Government and

was in power in the State of Kerala during the relevant period. He

was a Minister in UDF Government having the portfolio of Co-

operation and Ports. This gave rise to retribution in the rank and file

of C.P.I.(M) particularly in the youth wing (DYFI) which took upon

itself to prevent his visits to Kannur District. In January 1993 during

his visit to Azhikal (Kannur District) a few country-made bombs were

hurled on him. In view of that incident, the then Government ordered

elaborate security arrangements for all his visits to Kannur District. It

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appears, much against the advice of the district administration, the

Minister finalised his visit, for inauguration of the ’evening branch of

the Co-operative Urban Bank’ in the Alakkandy Complex at

Kuthuparamba - Tellicherry Road (Kannur District) on November 25,

1994. Far from being auspicious, it turned out to be an ill-starred day

not only for the victims of police excesses and their families but also

for the public and the public authorities as five persons died and six

persons were injured in the police firing purportedly resorted to for

the protection of the Minister and of public and private properties. In

the melee which preceded the police firing more than hundred persons

suffered injuries in the lathi charge and a few police personnel also

sustained injuries.

The police opened fire at two places - (i) in the proximity of the

town hall on the orders of the Executive Magistrate and the Deputy

Superintendent of Police and (ii) in the vicinity of police station,

Kuthuparamba on the orders of the Superintendent of Police. In

respect of the occurrence near the town hall, the Assistant

Superintendent of Police of Thalassery registered Crime No.353/94 of

Kuthuparamba Police Station under Sections 143, 147, 148, 332,

353,324, 307 read with Section 149 IPC, Section 3(2)(e) of

P.D.P.P.Act and Sections 3 and 5 of Explosive Substances Act against

eight named and many other unidentifiable persons belonging to

CPI(M) including the President of DYFI. In regard to the occurrence

in the vicinity of the police station, the Superintendent of Police

registe