Plea In Kerala HC Challenges Magistrate's Order, Seeks Police Probe Into Alleged Attack On Governor In 2019

Since the police had earlier allegedly not acted on his complaint, the complainant in September moved an application before the judicial magistrate. However, according to the petition filed before the high court, instead of ordering investigation, the judge posted the case for recording the sworn statement of the petitioner.

"Since the alleged criminal conspiracy was hatched in Delhi as disclosed by the Hon'ble Governor, a detailed and proper investigation into the case is indispensable to book the culprits who worked behind the larger conspiracy. It is very evident that mere inquiry into the case by examining witnesses would be of no use at all. Hence the order of the JFCM-I, Kannur, for recording the statement of the petitioner and other witnesses under Section 202 of the Code of Criminal Procedure would be an exercise in futility," the petition argues.

The petitioner has submitted that he was not an eyewitness to the alleged incident but had made the complaint "to set the criminal law in motion in public spirit."

Alleging that the incident against Khan, as per the Governor, was a result of the "criminal conspiracy" of Gopinath Ravindran, the Vice Chancellor of Kannur University, the petitioner has submitted that when he had taken steps to ascertain as to whether any case was registered in the matter, he found that even though a report had been called from the Raj Bhavan about the incident, Ravindran had "refused" to submit any such report, and the police had not registered any case nor conducted any probe.

It has been argued in the petition that any person could set the criminal law in motion since the incident at the 80th History Congress "was a crime against society posing danger for public order".

The petitioner had earlier lodged a complaint with the Station House Officer (SHO), Kannur Police Station, urging the police to take action against those responsible for the incident. The plea alleges that no action was taken on the complaint.

"It is understood that the police, even without recording the statement of the Hon'ble Governor, and his ADC whose shirt was torn by the protestors, arrived at a conclusion that no investigation is required. It is very pertinent to note that the police arrived at a conclusion even without recording the statement of either the Hon'ble Governor or his ADC whose dress was torn by the aggressive protestors", the petition alleges.

Thereafter, the petitioner had filed a complaint before the JFCM Court, Kannur, praying for an investigation of the case under Section 156(3) Cr.P.C. One of the arguments in the petition before high court also is that even for examining the Governor before the court, it would not be possible to secure his attendance in light of the constitutional bar under Article 361 of the Constitution and Section 133(1)(vi) of the Code of Civil Procedure.

The Magistrate "committed a grave error" in not ordering investigation into the alleged offence of manhandling of a constitutional functionary of the stature of the Governor, and passed an order for recording the sworn statement in a "casual manner, merely on the whims and fancy of the Court, which would tantamount to miscarriage of justice," the petition contends.

The petitioner has asked the high court to call for the records relating to the order dated September 24 passed by the JFCM-I, and after hearing both sides, "set them aside, and also issue directions to conduct investigation" into the incident and file the final report before the court of competent jurisdiction. 

The petition has been filed through Advocates T. Asaf Ali, Thankachan Mathew, and Laliza T.Y.

Earlier, a PIL had been filed in Kerala High Court against the police's alleged inaction and failure in registering a case against Prof. Irfan Habib, with regard to the "attempted criminal assault" Khan during the event. The PIL had been filed at the instance of T.G. Mohandas, who is a retired engineer, advocate and a public worker has also been a former State Convenor of the Intellectual Cell of BJP.

Case Title: Adv. K.V. Manoj Kumar v. State of Kerala & Anr.