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Govt. should ensure peaceful rehabilitation: HC

By Our Staff Reporter

KOCHI Aug. 1. A Division Bench of the Kerala High Court on Friday observed that the State Government was bound to ensure that the rights of those who had fled Marad to return were not denied.

The Bench comprising Justice Cyriac Joseph and Justice A.K. Basheer, while declining pleas made by Arayanveetil Cheriyabi and six other Muslim families, who were staying in a relief camp, for police protection for their return, also observed that if any individual or organisation was "allowed to take the law into their hands and prevent the petitioners from exercising their fundamental rights, it will be a negation of the rule of law''.

No responsible Government could "plead helplessness in the face of threat or intimidation'' by any organisation or individual.

The court said that the State Government and the law enforcing agencies were bound to safeguard and protect the right of every citizen and to prevent others from infringing on the rights of others.

The judges pointed out that Article 19(1)(d) of the Constitution guaranteed all citizens the right to move freely in the country and Article 19(1)(e) ensured all citizens the right to reside and settle in any part of the country.

Besides, Article 21 said that no person shall be deprived of his life or personal liberty, except according to the procedure established by the law.

However, the court added that at the same time, the law enforcing agencies had the right to impose reasonable restrictions and regulations.

The court refused to grant the prayer of the petitioners on the ground that they had not intimated to the police or the District Collector about their intention to return to Marad.

The court said that it was not able to appreciate the ground realities in the area.

The State Government and the District Collector would be in a better position to decide whether the petitioners should be allowed to return to their houses if they made a request for the same to the District Collector and the Superintendent of Police.

The Bench also observed that it had no reason to "presume'' that the Kozhikode District Collector and the Superintendent of Police would not consider such a representation and take a decision in the light of the observations.

The petitioners also pleaded that a directive be issued to the State Government, the police and the district administration to ensure that the persons who had fled Marad were rehabilitated properly.

The petitioners contended that they had a fundamental right to live.

In fact, the State Government had miserably failed to protect their lives.

Despite the lapse of three months, the State Government had not taken any step to rehabilitate those who had left Marad and allow them to live peacefully in their own houses.

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