JUDGEMENT
Sunil Thomas, J. -
(1.)Petitioners are accused Nos.1 and 2 in Crime No.1564 of 2017 of Central Police Station, Ernakulam for offences punishable under sections 143, 147, 149, 153A, 189, 283, 298 and 332 of the Indian Penal Code.
(2.)It is alleged by the prosecution that, on 29.05.2017 at about 11.30a.m., petitioners herein, who are the office bearers of an association by name "Muslim Ekopana Samidhi", conducted a march to the High Court of Kerala, at Ernakulam, protesting against a judgment delivered by the Division Bench of High Court in a case known as Hadiya case. In that case Division Bench had annulled the marriage of a girl who had converted into Islam. According to the petitioners, since the judgment was an intrusion into the fundamental right of a citizen to profess and follow any religion, citizens were agitated. About 3000 persons participated in the procession. When it reached near the High Court, it was blocked by the police. Participants used force to remove the barricades. Police used water cannons and since it failed, resorted to the lathi charge. Crime was registered against the petitioners and about 3000 identifiable persons. No person was arrested at the spot.
(3.)In the meanwhile, apprehending arrest in connection with the above crime, petitioners have approached this Court contending that, they are sought to be falsely implicated, that it was a peaceful procession and that, they have not raised any provocative slogans or made any provocative speeches. It was also contended that, no act was committed by them on that day which had the propensity to promote enmity between different groups of persons on grounds of religion, race, place of birth etc and has not done any act prejudicial to the maintenance of harmony.
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