Kerala Govt in mafias’ grip: HC

via VR Jayaraj | Kochi - Daily Pioneer published on July 30, 2010

The Kerala High Court on Friday said that the CPI(M)-led LDF Government was in the grip of certain mafias and that some forces could be controlling the regime from outside.

Considering a petition regarding the unbridled operation of unauthorized rock quarries in the eastern parts of Ernakulam district despite several court orders, Justice S Sirijagan of the High Court charged that only politicians, the affluent and mafias were having any advantage under the Government.

The situation was so bad that anybody could overcome any court order if he had money, the judge said. “It seems that the law is applicable only to the judges and the ordinary people. Certain political leaders are watching closely what the judges are saying (so that they could criticize the courts),” Justice Sirijagan said.

Stating that the police was totally inactive, the court said the law-enforces could approach the court if they were unable to discharge their duties. “If the police cannot prevent the violation of law, the court can issue orders to call in the military,” the judge said, adding that the Government seemed to be under the control of some external forces.

Justice Sirijagan made the observations while examining a petition filed by KP Ramanan of Malayattur, Ernakulam district, seeking orders for the closure of an illegal rock quarry operating in a rubber plantation in his place. The judge said that it was sad to see illegal quarries despite several court orders for their closure.

The court asked the Government to file a detailed affidavit on the steps taken to control the quarries. It would take up the petition in three weeks’ time. Several complaints had com e up against the illegal quarries operating in the eastern parts of Ernakulam district.

Kerala Home Minister Kodiyeri Balakrishnan, a CPI(M) Politbureau member, protested against the judge’s observations saying it was not appropriate for courts to make generalizations out of strictly particular cases. “Let the honorable High Court itself examine whether it was appropriate to make such generalizations on the basis of a local problem,” he said in Thiruvananthapuram.

Courts should not make such observations without looking into all related aspects, he said. Also, the court had the responsibility to listen to what the police had to say on that particular case,” he added. State Employment Affairs Minister PK Gurudasan said the court’s observations were illogical.

Justice V Ramkumar of the High Court had on March 11, 2008 stirred a hornets’ nest by observing that the law-enforcement by the police under the LDF regime was so weak that the Army would have to be called in for keeping law and order. While ordering a CBI probe into the murder of a Popular Front of India worker in Kannur, the judge said that the Army alone could ensure and end to the murderous politics in Kannur.

The ruling CPI(M) had fumed at Justice Ramkumar’s observation with State party secretary Pinarayi Vijayan commenting that “the Judge had breached all borders (of Judicial propriety)”. However, the Supreme Court recently scrapped the observations of the judge recently on a petition from the State Government.

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