Judgment:
ORDER
K.T. Sankaran, J.
1. These bail applications for the grant of anticipatory bail under Section 438 of the Code of Criminal Procedure are being disposed of by this common Order since common questions are involved therein.
2. Bail Application No. 2785 of 2009 relates to Crime No. 252 of 2009 of Kasaragod Police Station. The petitioners are accused Nos. 4, 5, 7 and 6 respectively. The offences alleged against the accused are under Sections 143, 147, 148, 452, 324, 427, 354, 153A, read with Section 149 of the Indian Penal Code. The allegation is that on 5-4-2009 at 19 Hours, about 20 identifiable persons, who belong to Hindu religion, formed themselves into an unlawful assembly, armed with weapons, and committed trespass into the house of the de facto complainant in Kudlu village in Kasaragod Taluk, assaulted the defacto complainant and his daughter and caused damage to tile house of the de facto complainant. It is alleged that the accused persons acted in a manner promoting disharmony of feelings of enmity, hatred or ill will between different religions. The accused persons proclaimed that they would not allow any Muslim to live in the locality.
3. Accused Nos. 3, 4, 5, 7, 6 and 8 in Crime No. 253 of 2009 of Kasargod Police Station are the petitioners in Bail Application No. 2786 of 2009. They are in the array of accused persons in Crime No. 252 of 2009 as Well. The incident occurred at 6.30 PM on 5.4.2009 in Kudlu village in Kasaragod Taluk. The allegations are almost similar in nature as in Crime No. 252 of 2009. The offences alleged against the accused are under Sections 143, 147, 148, 447, 427, 153A read with Section 149 of the Indian Penal Code. The accused persons are Hindus, while the victims are Muslims.
4. The petitioner in Bail Application No. 3757 of 2009 is accused No. 6 in Crime No. 339 of 2009 of Kasaragod Police Station. The accused persons are alleged to have committed offences under Sections 143, 147, 148, 153A, 341, 323, 324, 307 read with Section 149 of the Indian Penal Code. The allegation is that on 7-5-2009 at 21.15 hours, the accused persons, twenty in number and who are Hindus, with an intention to commit murder of the de facto complainant and others, who are Muslims, formed themselves into an unlawful assembly and attacked the de facto complainant and others with deadly weapons like knife, hook etc. The incident occurred at Olayathadka in Madhur village in Kasaragod Taluk. The allegation is that while the de facto complainant and his friends were coming back after attending a wedding, the accused persons restrained them and asked whether they are not Muslims. The accused persons attacked them stating that no Muslim would be allowed to live in the locality. The de facto complainant and his friends sustained injuries.
5. The petitioners in Bail Application Nos. 2785 and 2786 of 2009 state that they are workers of Bharitiya Janata Party. They state that there existed political clashes in the locality between BJP, Muslim League and Indian National League.
6. When the Bail Applications came up for hearing, it was felt expedient to get a report from the District Superintendent of Police, Kasaragod in respect of the cases relating to communal clashes in Kasaragod District, as several cases of similar nature came up for consideration, where the accused persons belonged either to Hindu community or Muslim community in Kasaragod Taluk. In one such case (B.A. No .2917 of 2009), a person belonging to Hindu community Was restrained and attacked by the accused persons belonging to Muslim community oh the ground that the de facto complainant therein happened to walk, Wearing a saffron coloured dress, in an area predominantly inhabited by Miislims. The de facto complainant had put sindur on his forehead. It was alleged that the accused attacked the de facto complainant stating that no person would be allowed to enter the place wearing such dress in saffron colour and sindur on his forehead. In another case (B.A. No. 2311 of 2009), white the de facto complainant therein and his friend were proceeding on a motor bike, the accused persons, about 20 in number, restrained them. The allegation was, the accused persons stated that the de facto complainant and his friend, being Muslims, were liable to be killed. It was also alleged that the assailants stated that Muslims should go to Pakistan.
7. The District Superintendent of Police filed a detailed report. The report, inter alia, shows the following details. There are 15 police stations in Kasaragod District. Cases involving Section 153A I.P.C. are reported within the limits of 9 police stations. The details regarding the Police Stations, year and the number of 'communal cases' registered during the last three years are shown below.
__________________________________________________________________________Police station Number of Number of Number of Crimescrimes in 2007 Crimes in 2008 upto 31-5-2009___________________________________________________________________________Kasaragod 13 20 16___________________________________________________________________________Badiadka 1 1___________________________________________________________________________anjeshwar 1 2___________________________________________________________________________Kumbla 4___________________________________________________________________________Adhur 2 3___________________________________________________________________________Hosdurg 7 2___________________________________________________________________________Bekal 1 4___________________________________________________________________________Ambalathara 2___________________________________________________________________________Chandera 1 2___________________________________________________________________________Total Number of 'communal cases':2007 : 182008 : 392009 (upto 31-5-2009) : 25
8. Out of the 49 'communal cases' registered in Kasaragod Police Station, offence under Section 302 I.P.C. is involved in three cases.
9. The above figures would clearly show that cases arising out of communal hatred between Hindus and Muslims are increasing year by year in Kasaragod District. These state of affairs prevailing in Kasaragod District are not at all good for the society.
10. Out of the 33 cases registered in 2007 and 2008 in Kasaragod Police Station, in 20 cases sanction for prosecution is awaited. In some cases, legal opinion and in some other cases, chemical analysis reports are awaited. The same is the position in respect of the cases registered in other police stations in Kasaragod District during 2007 and 2008. This shows that speedy trail of the pases could not be achieved in respect of cases involving offence under Section 153A I.P.C.
11. The number of accused persons involved in 'communal cases' registered in 2007, 2008 and upto 31-5-2009 in Kasaragod Police Station alone would come to 304.
12. Out of 82 cases under Section 153A I.P.C, in 57 cases, more than five accused persons are involved.
13. Communal disharmony among the citizens would be antithetic to the development of the nation. It would not be good for our nation. Communal hatred and disharmony would detrimentally affect our nation's march towards the pivotal position in the world economy. Existence of a citizenry in a nation, having communal feelings and antipathy would always be viewed by the world with contempt and disinterest. To contain the evil effects of communal disharmony, our nation would have to utilise its valuable resources, Such a situation would lag us far behind in the world economic scenario and the world order. Our nation's dream to regain our past glory would not fructify.
14. The preamble to the Constitution of India reads as follows:
We, The People of India, having solemnly resolved to constitute India into a Sovereign Socialistsecular Democratic Republic and to secure to all its citizens:
Justice, social, economic and political;
Liberty of thought, expression, belief, faith and worship;
Equality of status and of opportunity;
and to promote among them all
Fraternity assuring the dignity of the individual and the unity and integrity of the Nation;
In Our Constituent Assembly this twenty-sixth day of November, 1949, do Hereby Adopt, Enact And Give To Ourselves This Constitution.
Unity in diversity is the foundation of our nation's existence. Religion, sect, caste, creed etc. have no relevance in the matter of rights and liabilities of the citizen of India. All persons have equal rights. All religions have equal status. Nobody can say that members belonging to a particular religion cannot enter a particular area or members of a particular religion have no right to live in India. When offences are committed rampantly on the basis of such separatist ideologies, it has to be viewed seriously.
15. Why communal disharmony is more prominent and prevalent in Kasaragod District? Why people belonging to Hindu and Muslim religions fight against each other on communal lines? Is there any polarization of the society on account of religious hatred and disharmony? Depending on the answers to the questions mentioned above, remedial measures require to be taken by the Government and by the people at large. The intelligentsia, the Political parties, non governmental organisations, cultural organisations, students' organisations and prominent social and cultural leaders have a great role to play in setting right the society. It is not very relevant to find out who was at fault first or how many persons belonging to each religion lost their lives and property. The relevant point is whether due to communal disharmony, lives and property of our people are at stake. The attempt should also be not to find fault with each other. Political parties may, probably, accuse each other, which also may not be helpful in setting things right. A concerted effort by all is required. If there is involvement of outside agencies in making things worse, their activities must be contained and curbed in a most befitting manner.
16. The submission made by me learned Counsel for me petitioners is also relevant in this context. They submitted that smuggling, wide circulation of counterfeit currency and terrorist activities act as contributory to the malady. If these factors have contributed to the present situation, adequate measures are to be taken to eradicate such evils.
17. People belonging to different religions should be able to regain mutual confidence and communal harmony. Creative efforts should be taken to instil confidence in the general public that there would be uniform treatment of the members belonging to different religions. There should be no room for any allegation that any act or omission is aimed at appeasing a vote bank. Courts would only deal with individual cases. Policy decisions are to be taken by the Government. Such decisions are to be effectively implemented in such manner as the Government think fit. The findings and observations made in this order are intended to point out the need for taking remedial measures and concrete steps to contain communal disharmony. Recurrence of such criminal activities, as revealed from the series of cases, and the adverse impact of the same in the society at large, should not go unnoticed.
18. Delay in disposal of cases involving offence under Section 153A on account of delay in obtaining sanction of the Government under Section 196 of the Code of Criminal Procedure would really defeat the object sought to be achieved. Speedy consideration of the question of granting sanction must be ensured by the Government.
19. Taking into account the facts and circumstances of the cases, the nature of the offences, the injury sustained and the nature of the allegations levelled against the petitioners, I do not think that the petitioners are entitled to the discretionary relief under Section 438 of the Code of Criminal Procedure. I do not find sufficient grounds to grant anticipatory bail as prayed for by the petitioners.
The Bail Applications are accordingly dismissed.
The Registry will communicate a copy of the Order to the Chief Secretary to the Government of Kerala for appropriate action.