Lawyer Approaches Kerala HC Seeking Registration Of FIR Over Attempted Assault On Governor Arif Mohammad Khan
TG Mohandas has approached Kerala High Court seeking directions for registration of an FIR under Section 174 of the IPC and investigation into the alleged attempted criminal assault against State Governor Arif Mohammad Khan at Kannur University in 2019.
The Governor and the state government are in a stand-off over the alleged attempt to physically assault him during a public function. Both the Governor and the Chief Minister have been making unsparing remarks against each other in public over this and some other issues relating to appointments to Universities in the state.
TG Mohandas, who is an Advocate and a retired Engineer, was the former state convener of the Intellectual Cell of the BJP. He has filed the writ petition in person.
As per the writ petition, the incidents leading to the petition pertain to a conference held at Kannur University which was attended by the Kerala Governor.
The Petition mentioned that Irfan Habib had tried to physically assault and/or wrongfully restrain the governor but his attempt was foiled.
"He was intimidated and his speech was interrupted by a person on the dais and he was subjected to shouting of slogans from the audience. This was clearly an offence under Section 174 IPC.", the petition stated.
The Petitioner has further averred that though police were present in large numbers but they were watching helplessly. It was further stated that the police did not even register FIR against the perpetrators of the crime.
The Petition also stated that "…act of Mr. Irfan Habib squarely falls within the ambit of Section 124 of IPC for which an FIR was to be registered by the Police but failed to do so inspite of their constitutional obligation to protect the head of the State."
It was further added that the callous attitude of the Respondents sends a wrong and dangerous signal to society that there is no rule of law in the State.
"If such is the plight of the head of the State, a common man cannot expect an FIR to be registered for any crime perpetrated on him. Therefore, it is highly necessary that necessary directions are issued to the Respondents to compel them to function in accordance with law.", the Petition stated.
The Petitioner has prayed for directions to the State Police Chief, SHO of Kannur, and the State to take disciplinary action against the delinquent police officers responsible for the failure to register FIR over the said incident.
Cause Title- TG Mohandas v. State of Kerala & Ors.