The Kerala High Court has sought the response of the LDF government and the state police on a plea seeking a declaration that arrest and detention for waving black flags in protest is illegal and unconstitutional. A bench of Chief Justice S Manikumar and Justice Shaji P Chaly issued notice to the Kerala government, the State Police Chief and the SHO of the Palarivattom police station seeking their stand on the petition which also wants compensation for persons booked for waving black flags at Chief Minister Pinarayi Vijayan in protest.
Besides that, the plea also seeks an inquiry into the alleged professional misconduct by the officers concerned who had on June 11 taken into preventive custody two transgenders who had reached the venue of an event near Kaloor metro station here wearing a black dress under the suspicion that they came there to protest. The high court directed the lawyer for the state government and the police to file a statement or counter-affidavit with all supporting documents and listed the matter for hearing on August 11.
The plea has also sought directions to the police to provide, to the petitioner, the documents related to the alleged illegal detention of the transgenders. The transgenders had claimed they were on their way to the metro station but the police took them into custody as they were wearing a black dress and the CM was attending a programme nearby.
The police on the other hand had contended that the duo were BJP workers who had arrived there to protest. The Congress and the BJP had staged widespread protests and waved black flags at Vijayan after the revelations by Swapna Suresh, an accused in the gold-smuggling through diplomatic bags case.