Kalamassery Bomb Blasts | Kerala High Court Directs Hand-Over Of Zamra Convention Centre To Its Managing Director

The Kerala High Court on Thursday directed the handover of Zamra Convention Centre, where bomb blasts had occurred, to its Managing Director. 

On October 29, 2023, bomb blasts had occurred at the Convention Centre during a Jehovah's Witness meeting. The explosion killed 8 persons and injured several others. 

The Single Judge Bench of Justice Devan Ramachandran observed that the Convention Centre could not be put to prejudice 'ad infinitum', particularly considering that it had been over 60 days since the incident occurred. 

Zamra Endeavours Pvt. Ltd., represented by its Managing Director had approached the Court seeking permission to operate the Centre in light of several bookings being scheduled, and unnecessary inconvenience in this regard being caused to customers. 

Government Pleader Sunil Kumar Kuriakose submitted that although there were no legal impediments in the possession of the Convention Centre being restored to the petitioner, there was a practical difficulty that if the Forensic Department asked for any further samples, the same would be untenable. He added that since two mobile phones were also seized from the site and sent for evaluation, it could be discerned only after receiving the evaluation report, as to whether the competent Central Agency could intervene. 

"It may be true that samples have been taken from the Hall and sent for forensic evaluation; and the only apprehension voiced by the learned Government Pleader is that if any further samples are required, it will become impossible, once the same is used by other persons...The afore, in my view, cannot be a reason for not allowing the restoration of possession of the Hall because, the Investigating Agencies can certainly take further samples within the next few days and preserve it, should it become necessary for further evaluation. The delay caused by the Forensic Laboratory certainly cannot impede the right of the petitioner to be restored back the Hall any further," the Court observed. 

It also did not find merit in the submission made by the Government Pleader regarding the intervention of Central Agencies depending upon the results of the forensic evaluation, due to the 'speculative and conjectural' nature of the same. 

The Court thus declared that the Investigating Officer would be at liberty to take fresh samples from the crime scene and preserve it in terms of law and as per the provisions of the applicable penal Statutes, within two days from the date of receipt of a copy of the judgment. It added that the Convention Centre ought to be handed over by the Deputy Commissioner of Police to the Managing Director/Authorised person, upon obtaining the necessary receipt and complying with all necessary formalities the very next day. 

"I record the undertaking of the learned counsel for the petitioner that, they would comply with any request from the Investigating Authority - either present or in future - with respect to the incident and that they will co-operate in the investigation, as required," it said while allowing the plea. 

Counsel for the Petitioner: Advocates Stiya Sivan, K.R. Renju, T.M. Muhammed Musthaq, Anila Antony, Asitha M.M., Anjitha Aprem, and Neethu M. Nair

Counsel for the Respondents: Government Pleader Sunil Kumar Kuriakose, and Advocates Saiby Jose Kidangoor, Benny Antony Parel, Anoop Sebastian, Pramitha Augustine, Adithya Kiran V.E., and Adrisya S.

Citation: 2023 LiveLaw (Ker) 754

Case Title: Zamra Endeavours Pvt. Ltd. v. Deputy Commissioner of Police & Ors. 

Case Number: WP(C) NO. 39333 OF 2023

Click Here To Read/Download The Judgment