Last week, the Kerala High Court accepted a petition filed by a member of the Indian Youth Congress (IYC), who is seeking compensation for injuries to the head and neck purportedly inflicted during a police baton charge at a peaceful protest march toward the Alappuzha Collectorate on January 15th.

The protest march organized by the Indian Youth Congress (IYC) was in response to the reported police harassment of the IYC Kerala President and other Congress workers during the Nava Kerala Sadas.

Justice T R Ravi accepted the plea and instructed the Government Pleader to submit a statement.

The plea outlined that the petitioner, a woman, suffered severe head and neck injuries after being struck by a baton, resulting in dislocated neck bones and rendering her bedridden. It highlighted the prolonged recovery process, which includes surgical procedures, physical therapy sessions, and ongoing medical care. Additionally, the plea mentioned the closure of her beauty parlour, her main source of income, and the ensuing financial hardships caused by the injuries sustained in the alleged police assault.

The plea stated that police should not have used excessive force and lathi attacks to disperse a peaceful and unprovoked mob. “Using unnecessary and excessive force by the police amounts to direct infringement of the fundamental rights of the individual. Particularly the rights that are conferred by the Article 19 (1) and Article 21 of the Constitution of India,"  stated the plea.

In her plea, the petitioner underscored that according to the Kerala Police Manual, lathi strikes should be avoided on the head and collar bones. She further asserted that the unnecessary and excessive use of police force resulted in her sustaining severe injuries.

The plea emphasized the petitioner's eligibility for compensation under public laws for the violation of her fundamental rights and the injuries sustained due to police brutality. It requests compensation of Rs 50 lakhs and also calls for the establishment of guidelines to govern police conduct in dispersing crowds through baton charges, with the aim of preventing similar incidents in the future. The case is scheduled for hearing on May 22, 2024.

The plea is moved by Advocates Ajmal A Karunagappally, Dhanush C.

Case title: Megharaj P S @ Megha Renjith V State of Kerala

Case number: WPC 11210/2024