'It's A Slap On High Court': Kerala HC Slams Police For Failure To Protect Bus Owner Despite Protection Order, Initiates Suo Moto Contempt

The Kerala High Court today slammed the Kottayam Police authorities for their failure to properly implement a protection order passed in favour of a bus owner, amid protests by the Centre of Indian Trade Unions (CITU) for wage hike.

Workers of Raj Mohan's bus service claimed that the last wage hike was 5 years ago, and that the protests had erupted after Mohan failed to implement the hike despite allegedly agreeing to the same. CITU had erected protest flags in front of Mohan's buses, following which the latter obtained a protection order from the Court, allowing him to resume operations. 

However, it is alleged that in spite of the protection order, the CITU personnel attacked Mohan, and the police did not intervene in the same, following which the Court initiated suo motu contempt in the matter.

Taking exception to these events, the Single Judge Bench of Justice N. Nagaresh observed, 

"...look at the message going to public that despite High Court's protection order, there are powerful sources who can manhandle you and nothing will happen". 

The Court added that, "the slap was not on the cheek of the petitioner; that slap was on the High Court". 

The Court slammed the police for the failure in protecting one person when there were 6 personnel. 

"It is the habit of trade unions in Kerala, when they fail, they come and (attack)...so there was every likelihood this man will be attacked...you should have anticipated...you are police, you are not ordinary citizen," the Court orally noted, adding that it portrayed an instance of wilful neglect. 

The District Police Chief, Kottayam, and the Station House Officer (SHO) appeared before the Court in person today and gave an explanation in the matter. They submitted that the accused Ajai KR has been booked under Section 294 (Obscene acts) and 323 (Voluntarily causing hurt) IPC. However the Court noted that he was released on bail the same day.

The Court has now directed the SHO concerned and the Deputy Superintendent of Police to file their affidavits with respect to the investigation in the incident and the steps taken pursuant to the crime. 

The matter has been posted for further consideration on July 18, 2023.

Case Title: Suo Motu v. Karthik I.P.C. and other connected matters