It Is For Principal To Raise Before Police Any Law & Order Situation In College: Kerala High Court Denies Protection To Part-Time Lecturer

The Kerala High Court on Tuesday refused to grant police protection to a part time lecturer at St. Thomas College, Kozhencherry, who pleaded that he was being harassed and threatened by members of the Students Federation of India (SFI), following what he claimed to be a "frivolous complaint" filed against him for questioning the unauthorized absence of two girls in his class.

Justice Anu Sivaraman, passed the order after noting the submissions made in this regard by the Station House Officer of Aranmula Police Station, and the Principal of the College, and observed that it would be for the Principal to raise the issues of law and order before the police, if any such situation is prevalent in the College. 

The petitioner in the instant case is a practicing advocate as well as a part time lecturer at St. Thomas College, Kozhencherry. It was submitted by the counsels on behalf of the petitioner, Advocates Liju V. Stephen and Indu Susan Jacob that when the petitioner had questioned the unauthorized absence of two girl students in his class, a false and frivolous complaint was raised by one of the students and the petitioner was thereby placed under suspension.

It was submitted by the counsels that after the conduct of an enquiry by the Internal Complaints Committee (ICC), the suspension was revoked and the petitioner was permitted to resume duty. However, at this juncture, the counsels pointed that the SFI (the 6th respondent herein) and their members were harassing and threatening the life of the petitioner and preventing him from entering the college and from taking classes, and that despite the requests and representations filed by the petitioner before the Secretary, Home Department, District Police Chief of Pathanamthitta District, Deputy Superintendent of Police, Kozhencherry, and S.H.O. of Aranmula Police Station (respondents 1-4 herein), no response had come forth. 

The petitioner therefore sought the issuance of a writ of mandamus directing the respondents 2-4 herein to grant adequate police protection to the life of the petitioner for entering the College and taking classes; and also for considering the representations that had been filed by the petitioner in this regard. 

The respondents on the other hand, contended that the ICC had been constituted pursuant to a complaint preferred by certain students, and a report had been submitted on 17th May 2022. The respondents represented by Senior Government Pleader T.K. Shajan, and Advocates Latha Susan Cherian, George A. Cherian, and K.S. Santhi, further contended that an extremely lenient view of the matter was taken by the Management by imposing suspension for just a period of 2 months, in spite of the findings arrived at, and after having due regard for the long service of the petitioner and his age.

The counsels further submitted that after reopening of the College, the petitioner had resumed taking classes, but there were further provocations from his side through social media and otherwise, and was resorting to ways to provoke the students, which the counsels assailed to be the reason why there had been unpleasant experiences for him in his classes alone. The respondents further submitted that the agitation by certain students of the College was properly dealt with by the College Authorities and the Staff Council and that the students had not created any law and order situations and had agreed to abide by the directions of the Principal and not cause any breach of discipline

The Government Pleader further placed a report submitted by the S.H.O., Aranmula Police Station, which showed that the issue which arose when the petitioner attempted to take classes after his suspension was revoked, stood settled at the instance of the Principal and the Staff Council and that there are absolutely no law and order problems in the college, at present. 

It was in this light that the Court passed the instant order denying the grant of police protection to the petitioner, and dismissed the writ petition. 

Case Title: Mathew P. Thomas v. State of Kerala & Ors. 

Citation: 2022 LiveLaw (Ker) 562

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