High Court of KeralaWP(C)/14506/2015closed

Neseeha C.S. v. State Of Kerala

2015-06-01Honourable Mr.Justice A.M.Shaffique,Honourable The Chief Justice Mr.Ashok Bhushan4 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE THE CHIEF JUSTICE MR.ASHOK BHUSHAN & THE HONOURABLE MR.JUSTICE A.M.SHAFFIQUE MONDAY, THE 1ST DAY OF JUNE 2015/11TH JYAISHTA, 1937 WP(C).No. 14506 of 2015 (K) ---------------------------- PETITIONER(S):

-------------- NESEEHA C.S. AGED 20 YEARS D/O.SUDHEER, CHOUTHIPARAMBIL HOUSE, VANIYAKKAD NORTH PARAVUR, NOW RESIDING AT GOVERNMENT GIRLS HOME KAKKANAD, ERNAKULAM BY ADVS.SRI.RENJITH THAMPAN (SR.) SRI.P.A.AYUB KHAN RESPONDENT(S):

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1. STATE OF KERALA REPRESENTED BY SECRETARY, DEPARTMENT OF HOME SECRETARIAT, THRIUVANANTHAPURAM, PIN 695001

2. SUPERINTENDENT OF POLICE CRIME BRANCH, ERNAKULAM, PIN 682028

3. COMMISSIONER OF POLICE O/O.OF COMMISSIONER OF POLICE, ERNAKULAM, PIN 682031 R BY GOVERNMENT PLEADER THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 01-06-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WP(C).No. 14506 of 2015 (K) ---------------------------- APPENDIX PETITIONER(S)' EXHIBITS ------------------------ P1:TRUE COPUY OF THE APPOINTMENT ORDER TO THE PETITIONER DATED 03.03.2015 P2:TRUE COPY OF THE PROCEEDINGS OF THE DIRECTOR OF SOCIAL WELFARE DATED 10.04.2015 P3:TRUE COPY OF THE REPRESENTATION FILED BY THE PETITIONER BEFORE THE HONOURABLE HOME MINISTER DATED 21.04.2015 RESPONDENT(S)' EXHIBITS ------------------------ NIL /TRUE COPY/ PS TO JUDGE

ASHOK BHUSHAN, CJ & A.M.SHAFFIQUE, J ---------------------------------------------- W.P(C).No. 14506 of 2015 ---------------------------------------------- Dated this the 1st June, 2015

JUDGMENT

Shaffique, J.

As per the direction issued by this Court, the petitioner has been given police protection, as she is a prime witness in several cases that are pending before this Court. According to the petitioner, police constables are always accompanying her, which is adversely affecting her privacy. Wherever she goes, the three police constables are accompanying her and she is unable to move alone. She is now employed as the Lower Division Clerk in the ICDS Cell at Kakkanad. The petitioner has submitted Exhibit P3 representation to the Government to reduce her security. Since no action has been taken in the matter, she has approached this Court.

WP(C).14506/15

2. The learned Government Pleader, on instructions, would submit that the petitioner being a prime witness in various cases involving major offences, her life is always at stake and therefore, unless appropriate protection is granted, it will be very difficult for the Police to ensure protection to her life. further, she is always under threat and danger from various quarters. The learned Government Pleader further submits that atleast two police officers, one male and one female, would be required for providing adequate protection to the petitioner.

In the result, we direct that instead of three police constables accompanying the petitioner, one male and one female police constables in mufti uniform shall provide adequate protection to the petitioner. With the above direction, the Writ Petition is closed. ASHOK BHUSHAN CHIEF JUSTICE A.M.SHAFFIQUE JUDGE vgs1/6/15