ANTONY CHERIAN Vs. UNION OF INDIA

JUDGEMENT

(1.) Both these original petitions relate to alleged police excess that had taken place on 22-10-86. Petitioners in these original petitions claim to be the victims of the unprecedented atrocities of infuriated police. Petitioners are inhabitants of a small village known as Thankamani, which is 42 kilometres away from Idukki town. This village is in Kamakshy Panchayat and it lacks in several basic amenities including supply of electricity. There are about 1000 families in this village and most of them are agriculturists. The nearest township is Kattappana, which is about 22 kilometres away from Thankamani. The only mode of transport to the village from Kattappana and Idukki is buses operated by private carriers and K.S.R.T.C. During the relevant time there were only two K.S.R.T.C. buses plying between Thankamani and Kattappana. There were two private stage carriages operating transport service between Thankamani and Kattappana. For all these buses route permit granted included two places, viz. Kattappana to Thankamani. However, one bus operated by Elite Bus Service used to go upto a place known as Paramada and Thankamani bus stop was two kilometres beyond this place. As the Elite Bus goes only upto Paramada the passengers had to alight at that place and to go to Thankamani by walk. This caused inconvenience to the bus travellers and there was resentment especially for the commuters. The students wanted the crew of the bus to take the bus upto Thankamani. On 20-10-86 when the bus reached Paramada the crew of the bus wanted the passengers to alight there. However, four young students declined to get out of the bus and pleaded that the passengers should be taken to Thankamani. The driver and the conductor of the bus managed to push out two students from the bus. But the other two students remained in the bus and the bus was taken straight to Kattappana police station. It is alleged by the petitioners that the bus reached the police station at about 8 p.m. and the constables attached to that police station severely manhandled these students. Thankamani being a small village the news that the two students were forcibly taken by the crew of the bus spread in the village. One Kunjukunju and Jose Thaicheril, who along with the two students, who were pushed out from the bus earlier, reached the police station. But they were abused by the police constables. At about 9 p.m. on that day the Dy.S.P. came there and agreed to settle the matter. They were asked to report at the police station on the next day. The four students, who were let off as a result of the intervention of the Dy.S.P., appeared before the Kattappana Police Station on the next day at 10 a.m. But the Dy.S.P. was not present and they returned. At about 11.15 a.m. a group of students of the St. Thomas School, Thankamani surrounded the Elite bus when it reached, near the school and they demanded that the crew of the bus should make an unconditional apology for their previous days misbehaviour. The owner of the bus, who was present in the bus, promised that the erring crew members would be brought on the next day to make apology before the students. It seems that the students demanded that the bus would be released only after giving the apology. The owner of the bus wanted to take the bus and he met the priest of the local church named Fr. Jose Kottoor and the Headmaster of St. Thomas School, Thankamani, who undertook to release the bus after the crew members express their apology. But, to the surprise of the students, on the next day, that is, on 22nd October, 1986 a large number of police men reached Thankamani in two jeeps under the supervision of two head constables and they, instead of tackling the situation in peaceful manner, by a show of force wanted to take the bus from Thankamani. The students objected to this and stated that this was clearly against the undertaking given by the owner of the bus. So, the police could not take the bus from Thankamani. By about 5 p.m. on that day some more policemen came to Thankamani under the leadership of one I.C. Thampan, Circle Inspector of Police, Peerumade and Sub Inspector of Police Nedumkandam. the policemen were armed with guns. At this time Fr.Jose Kottoor and the president of the Kamakshy Panchayat Mathai Mathew were engaged in some discussion in the panchayat office. The arrival of additional force at Thankamani created a tense situation and the police wanted to take the bus to Kattappana by any means. Fr. Jose and the Panchayat President met the police officers and pleaded with them to act tactfully to avoid confrontation. They wanted some more time to settle the matter. However, the attitude of the police was so adamant and the police force under the command of the Circle Inspector Shri I.C. Thampan used force to disburse the crowd. It is alleged that police constables mercilessly fired at the innocent persons killing one person and wounding another. It is further alleged by the petitioners that there was no previous warning to the crowd to disburse and the police resorted to firing in grave disregard of the law. It is also alleged that the police indiscriminately beat the people with lathies. One Abraham Kozhimalayil died on the spot and the police by using force removed the bus from Thankamani to Kattappana.

(2.) The people who had assembled at Thankamani disbursed and the incident, which led to the filing of these original petitions, took place in the night of 22/23-10-86. It is alleged that at about midnight large number of police personnel came to the village and started terrorising people. Police in groups went to various houses in Thankamani and kicked open the doors of the houses and mercilessly beat several persons. The police men were fully drunk and they were armed with weapons like guns and riffles. They showered the villagers with abusive words and used criminal force against them. There were several instances of outraging the modesty of women. This "operation Thankamani" lasted till 3.30 a.m. on 23.10.86. The whole villagers of Thankamani were terror-stricken and they could not even go to the hospital to get medical treatment. The entire operation was done at the instance of Peerumade Circle Inspector and the Idukki Superintendent of Police. According to the petitioners, the AD.M. Idukki and the Sub Collector, Idukki connived with these police officials. Several other persons were forcibly taken into custody and they were taken to the police station and manhandled severely. The then D.I.G. of Police visited the place on 23-10-86. According to the petitioners the villagers narrated their woeful tales to these higher police officials. But no steps were taken and cases were not registered against the police men, who resorted to these atrocities. Several of the persons detained by the police were youngsters below 20 years and some of them were old. They were given 'assault passes' by the headconstable attached to the Kattappana police station as a token of assurance that they would not be tortured again. The I.G. of Police also visited the place on the 5th November, 1986. He collected evidence from the various victims. But no steps were taken to find out the real culprits.

(3.) In O.P.No.9100 of 1986 it is alleged that these petitioners were taken into custody by the police in the night of 22/23-10-1986. They also claim similar reliefs.