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Judgment
Anu Sivaraman, J
This writ petition is filed seeking the following reliefs:
“a) Call for the entire records pertaining to the facts pleaded in the writ petition (civil).
b) Issue a Writ of Mandamus, any other Order writ or direction, directing the respondents 1 and 2 herein to afford adequate and appropriate Police aid and protection to afford adequate and appropriate police aid and protection to hold prayers under the label ‘Al Ithihad Swalah Majlis’ against the hooligan and illegal obstruction, caused by the Respondents 3 to 9 or their men.
c) Issue a Writ of Mandamus, any other Order writ or direction, to take immediate action as contemplated under law on Exhibit P-3 complaint lodged by the Petitioner involving commission of cognizable offences by the Respondents 3 to 9.”
Heard the learned counsel for the petitioner, the learned Government Pleader as well as the learned counsel appearing for respondents 3 to 9.
The learned counsel for the petitioner submits that the petitioner is a Convener of a prayer group by name “Al Ithihad Swalah Majlis, which is engaged in religious preaching, prayers and cultural activities. It is submitted that monthly prayers are being conducted by the prayer group. It is submitted that respondents 3 to 9 along with ten other identifiable persons had stormed into the program venue of the monthly prayer conducted on 20/10/2022 and had created a law and order situation. It is submitted that the petitioner had submitted complaint before the 1st respondent, but no action was taken thereon.
A counter affidavit has been placed on record by respondents 6, 7 and 8 stating that the petitioner is engaged in black magic and witchcraft and the 4th respondent had submitted a complaint before the Mahal committee. It is stated that the khabar of one N.P Sura was vandalized and a coconut was found buried in the same. It is submitted that the Mahal Committee within whose control the graveyard is situated had taken a resolution to maintain vigil against such activities and take action, if such allegations are found to be true. Show-cause notices were, therefore, issued to one Abdul Naser, Mohamed alias Vaapu, Mohammedali etc. It is submitted that several complaints have also been submitted by the Mahal Committee members and the residents of the locality before the police. It is further contented that one Ali, who was initially supporting the petitioner, had submitted Ext.R6(h) statement before the Mahal Committee against the prayer group. It is submitted that a crime was registered against one Ali alias Mohammed Ali and Subair for offences punishable under Sections 447 and 153 read with Section 34 IPC. It is submitted that it is on the apprehension that on investigation into the crime the petitioner is likely to be implicated and made an accused that this writ petition is filed. It is submitted that there has been no attack or hooliganism at the instance of the party respondents and that all such allegations are false.
A reply affidavit has also been placed on record wherein it is contended that all allegations of witchcraft etc. against the petitioner are false and that apart from certain rumors there is no material whatsoever against the petitioner and the petitioner has no connection with any witchcraft of any nature. Impleading petitions have also been placed on record supporting the contentions of the petitioner.
Having considered the contentions advanced, I notice that there are allegations of conduct of witchcraft and other allied offences as against the prayer group being conducted by the petitioner. Complaint appears to have been raised by the Mahal Committee against the the organizers of the prayer group and also certain residents of the locality. A prayer for police protection cannot be made to stall any investigation being conducted into criminal complaints against the members of the prayer group or even against the petitioner. However, the respondents cannot attack the petitioner or obstruct his normal day-to-day activities. In case of any overt acts by the respondents threatening the life of the petitioner, the petitioner is free to approach the Station House Officer, who shall afford adequate protection to the life of the petitioner. This will not stand in the way of proper investigation being conducted into any criminal complaint or allegation of witchcraft or other illegal activities against the petitioner or any of the members of the prayer group.
The writ petition is ordered accordingly.