(SC), AIR2001 SC 2637 , 2001 (2 )ALD(Cri)276 , 2001 (43 ) ACC 345 , 2001 (3 )BLJ(SC )380 , III (2001 )CCR55 (SC ), 2001 (2 )CGLJ260 , 2001 CriLJ3329 , 2001 (3 )Crimes276 (SC ), ILR2001 (2 )Kerala629 , 2001 INSC 294 , JT2001 (5 )SC 440 , 2001 (2 )KLJ182 , 2001 (3 )RCR(Criminal)436 , 2001 (4 )SCALE348 , (2001 )6 SCC181 , [2001 ]3 SCR942 , ,MANU/SC/0365/2001S.S.M. Quadri#S.N. Phukan#2694SC3250Judgment/OrderACR#AIR#ALD(Cri)#Allahabad Criminal Cases#BLJ#CCR#CGLJ#CriLJ#Crimes#ILR (Kerala)#INSC#JT#KLJ#MANU#RCR (Criminal)#SCALE#SCC#SCRS.S.M. Quadri,SUPREME COURT OF INDIA2012-9-2415942,15946,15947,16158,16180,16150,16132,15948,57645,65438,65440,16272,30334,16125,16554,16010,15817,15864,15867,16662,17163,17165,16551,16576,16590,16580,16583,16595,16596,16599,16588,16146,16582,16581,15913,16247,16263,16253,45938,17483,16916,16918,30339 -->

MANU/SC/0365/2001

IN THE SUPREME COURT OF INDIA

Appeal (crl.) 689 of 2001, SLP (Crl.) 1522 of 2000

Decided On: 12.07.2001

Appellants: T.T. Antony Vs. Respondent: State of Kerala and Ors.

Hon'ble Judges/Coram:
S.S.M. Quadri Mr. S.N. Phukan

ORDER

S.S.M. Quadri, J.

1. Leave is granted in all the special leave petitions.

2. These four appeals arise out of the common judgment of a Division Bench of the High Court of Kerala at Ernakulam in WA Nos.2708/1999, 2709/1999, 2710/1999,8/2000, 52/2000 and 200/2000 dated February 29, 2000. Criminal Appeal Nos 689 of 2001 (arising out of SLP (Crl.) No. 1522/2000) is filed by T.T. Antony, Deputy Collector and Executive Magistrate, Kannur, Civil Appeal No. 4066 of 2001 (Arising out of SLP (C) No. 8840/2000) is filed by fourteen police constables; and Criminal Appeal Nos. 690-691 of 2001 (Arising out of SLP(Crl.)Nos. 2724-25/2000 are filed by the State of Kerala. These appeals relate to the same incident and raise common questions of facts and law so they are being dealt with together.

3. The relevant facts, giving rise to these appeals, which have a strong political backdrop, need to be noticed for appreciating the contentions of the parties.

4. The Communist Party of India (Marxist), C.P.I.(M), is said to have a strong hold in Kannur District of the State of Kerala. One Mr. M.V. Raghavan who was once a comrade-in-arms in C.P.I.(M) and was its M.L.A. for over 15 years, broke away from that party and formed a new party -- 'The communist Marxist Party' (CMP). He was elected as an M.L.A. on the ticket of CMP from the Azkeekkode Constituency, Kannur District. The CMP became a constituent of United Democratic Front (UDF) which formed the Government and was in power in the State of Kerala during the relevant period. He was a Minister in UDF Government having the portfolio of Co-operation and Ports. This gave rise to retribution in the rank and file of C.P.I.(M) particularly in the youth wing (DYFI) which took upon itself to prevent his visits to Kannur District. In January 1993 during his visit to Azhikal (Kannur District) a favour Country-made bombs were hurled on him. In view of that incident the then Government ordered elaborate security arrangements for all his visits to Kannur District. It appears, much against the advice of the district administration, the Minister finalised his visit, for inauguration of the 'evening branch of the Co-operative Urban Bank' in the Alakkandy Complex at Kuthuparamba - Tellicherry Road (Kannur District) on November 25, 1994. Far from b........