Firshad vs State of Kerala

K.M. Joseph, J.—Petitioner has approached this Court complaining of harassment by police. Briefly put, the case of the petitioner is as

follows: The petitioner is a practitioner in Electropathy/Electro Homoeopathy which is a system of medicine and classified as an Alternative

Medicine. Petitioner relies on series of judgments, which according to him, covers the issue.

We heard the learned counsel for the petitioner, learned Government Pleader and also the learned counsel for the 4th respondent. We take note

of Ext. P6 judgment and dispose of the Writ Petition (Civil) as follows:

The State or its agents shall not interfere in the practice of electropathy/electro homoeopathy by the petitioner. But, the petitioner shall not use

designations like ''Doctor'' etc. He shall not practice Modern Medicine, Homoeopathy or any of the Indian systems of Medicine. He shall not act in

violation of the provisions of the Kerala Abkari Act or Drugs and Cosmetics Act or other relevant Acts or Rules. If the petitioner continues with

the practice of electropathy/electro homoeopathy without infringing any other provisions of law, the police shall not interfere with the same. Unless

the petitioner commits some cognizable offence by practicing electropathy/electro homoeopathy, the police have no power or authority to interfere

with his practice or summon him to the police station with a view to prevent his practice of electropathy/electro homoeopathy. We make it clear

that, it will be open to the State or its agents to proceed in accordance with law if the petitioner violates any statutory provision.