In-Flight Protest Against Chief Minister: Kerala High Court Grants Bail To 2 Youth Congress Workers

The Kerala High Court on Thursday granted bail to two Youth Congress workers, Furseen Majeed and R.K Naveen, who were arrested and remanded following their protest against Chief Minister Pinarayi Vijayan on a flight at the Thiruvananthapuram airport. 

Justice Viju Abraham granted bail to the petitioners noting that considering the nature of the allegations, further custodial interrogation of the petitioners did not seem necessary. 

"There is no case for the prosecution that the petitioners were carrying any weapon and admittedly petitioners being inside an aircraft, which is a high security zone, there is no possibility for any of the petitioners to carry any weapon also. The investigating agency has no case that the motive for the alleged incident is of any personal enmity and it is the specific contention of the petitioners that the same was part of a political agitation."

However, it has been clarified that taking into consideration the contentions raised by the prosecution that the investigation is only in the initial stage and further investigation is to be done to unearth any conspiracy involving other persons, a direction was issued to the petitioners to co-operate with the investigation.

The Court also granted anticipatory bail to the third accused in the case, Sujith Narayanan. 

The prosecution case was that the petitioners who were on the same flight on which the Chief Minister also travelling, flouted the directions of the aircraft crew, shouted threats, and rushed toward the Chief Minister, thereby posing a threat to his safety and security. It was also alleged that the petitioners injured the security staff of the Chief Minister and prevented him from discharging his public duty. The petitioners were accordingly arrested under Section 307 (attempt to murder) and Section 332 (Voluntarily causing hurt to deter public servant from his duty) of IPC.

A Magistrate in Thiruvananthapuram had rejected their bail plea earlier citing that it had no jurisdiction to entertain the same, since it involved charges under the Suppression of Unlawful Act Against Safety of Civil Aviation Act, 1982.

Advocate T. Asaf Ali appearing for the first two accused denied the charges recorded in the FIR and the remand report. It was also argued that they had merely raised slogans as part of a peaceful protest demanding the resignation of the Chief Minister. The petitioners submitted that they were travelling on the flight to visit a patient at the Regional Cancer Centre. 

It was also submitted that there were no violent or untoward incidents at the airport, nor did they disobey any of the directions of the aircraft staff, while pointing out that even the aviation authorities had not made any such complaint. Further, they argued that the allegation that there was an attempt on the life of the Chief Minister was a figment of the police's imagination and that they had not made any threats since the Chief Minister was protected by his security officers.

However, Director-General of Prosecution T.A Shaji opposed the bail pleas alleging that the petitioners had rushed toward the Chief Minister's seat with threats, adding that there was corroborative evidence such as digital documents and witness accounts for the same. The prosecution added that the police had to interrogate the petitioners as well. 

The Court noted that the petitioners were arrested on 14.06.2022 and the Sessions Court had also granted custody of the petitioners to the investigating agency.

"There is no case that any further recovery is to be effected at their instance. If at all any recovery is to be made it is always open for the investigating officer to do that even when the petitioners are on bail."

Further, the report of the Airport Manager to the Station House Officer only says that they were informed that an alleged altercation took place on board the flight between three passengers who were seated on Seat No. 8A, 8C and 7D.

It was in the subsequent report by the Airport Manager that it was revealed that after landing as soon as the seat belt sign went off, the said passengers immediately stood up from their respective seats and rushed toward the Chief Minister, shouting slogans in the vernacular language and upon seeing this one of the passengers travelling with the Chief Minister intervened.

Nevertheless, it was made clear that it is within the power of the police to investigate the matter and if necessary, effect recoveries on the information if any given by the petitioners, even when the petitioners are on bail. 

Therefore, bail was granted on the following stringent conditions.

(i) Petitioners shall be released on bail on 24.06.2022 on executing a bond of Rs.50,000/- each with two solvent sureties each for the like sum to the satisfaction of the jurisdictional court.

(ii) Petitioners shall appear before the investigating officer as and when required and shall co-operate with the investigation.

(iii) Petitioners shall surrender their passport. If they do not have a passport, they shall file an affidavit to that effect before the jurisdictional court, within a period of one week from the date of release.

(iv) The petitioners shall not attempt to interfere with the investigation or to influence or intimidate any witness in Crime No. 511 of 2022 of Valiyathura Police Station.

(v) Petitioners shall not enter Thiruvanthapuram District till the filing of the charge sheet except to comply with condition No.(ii) or to attend any court proceedings.

(vi) The petitioners shall not involve in any other crime while on bail.

Case Title: Furseen Majeed & Anr. v. State of Kerala & Anr.

Citation: 2022 LiveLaw (Ker) 299

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