The plea argued that any person could set the criminal law in motion since the incident at the 80th History Congress “was a crime against society posing danger for public order.”
The plea said that since the Station House Office (SHO), Kannur, didn’t take action on the petitioner’s complaint, he approached the JFCM, Kannur praying for an investigation of the case under Section 156(3) CrPC.
“It is understood that the police, even without recording the statement of the Hon’ble Governor, and his ADC whose shirt was torn by the protestors, arrived at a conclusion even without recording the statement of either the Hon’ble Govenor or his ADC whose dress was torn by the aggressive protestors,” the petitioner alleged in his petition.
The petitioner argued in his plea that even for examining the Governor before the court, it would not be possible to secure his attendance in light of the constitutional bar under Article 361 of the Constitution and section 133(1)(vi) of the Code of Civil Procedure.
Source: Barandbench
