Kerala High Court grants bail to students arrested for obstructing Governor's convoy; orders counselling

The Kerala High Court on Friday granted bail to seven students who were recently arrested for obstructing Governor Arif Khan's convoy and shouting slogans against him. .Justice CS Dias granted them bail after noting that they have been in judicial custody for a month, the investigation was practically complete and no recovery remained to be effected..Interestingly, before arriving at the decision, the Court interacted with the accused students and their parents in the presence of their counsel as well as the public prosecutor. "The petitioners assured this court that they would regularly attend their classes, obey their parents and undergo counselling to transform their attitude and mindset," the Court recorded in its order granting bail. Therefore, while granting bail, the Court imposed certain conditions on the students including that they shall attend their college classes regularly and present attendance sheets to the jurisdictional courts on a quarterly basis.The students were also directed to obey their parents and attend counselling classes as suggested by them. The parents were told that they could contact the District Legal Services Authority for any assistance in this regard."Let the order be a reminder to the students that the reformative path would be in store if they indulge in similar offences as alleged in these cases," the Court said.The order was delivered on petitions moved by the seven students who were arrested following a protest on December 11, in which they stopped the Governor's convoy and detained him while shouting slogans and waving black flags.They were booked for offences punishable under various provisions of the Indian Penal Code (IPC) as well as the Prevention of Damages to Public Property Act.They argued that they are innocent and Section 124 of the IPC was added in the first information report (FIR) merely to harass them.Section 124 penalises assaulting the President, Governor, etc with the intent to compel or restrain the exercise of any lawful power..The public prosecutor on the other hand argued that the offences committed by the petitioners are heinous as they waylaid the Executive Head of the State. The student outfits are causing law and order problems across the State by obstructing VIP cavalcade, it was submitted..The Court after going through the case diary and other material on record agreed that the offences alleged are serious. However, considering the interaction with the petitioners and their parents, and the stage of the investigation, the Court deemed it fit to grant them bail subject to stringent conditions..The order of the Court also included observations regarding student activism and how impulsive acts of vandalism and rioting driven by fervent political ideologies often overlook potential consequences. "This impulsiveness often overlooks the potential consequences, and by the time the harsh reality sets in, they might find themselves languishing in prison. To prevent such outcomes, addressing the underlying causes is crucial by creating spaces for constructive dialogue and promoting a change in the mindsets of the persons at the helm of affairs," the Court opined. However, it noted that despite the Supreme Court's observations on the need for controlling campus politics in Harpal Singh v. Devinder Singh, little has been done.Quoting Malala Yousafzai on education being the best weapon, the Court emphasised that the weapon of education loses its sheen when it gets tainted by criminal misconduct and vandalism. "Students must embrace the power of knowledge to construct and not to destroy. Let the students be harbingers of positive change, be the architects of the future, and not be known for the wrong reasons" the Court said in its order. .The petitioners were represented by KK Deerendrakrishnan, NP Asha and Nandagopal S Kurup. The State was represented by Senior Public Prosecutors Neema VT, Seetha S, and CS Hrithwik..[Read Judgment]