Kerala High Court dismisses PIL against arrest of transgender persons who protested against Kerala CM Pinarayi Vijayan

The Kerala High Court recently dismissed a public interest litigation (PIL) petition that challenged the alleged illegal detention of transgender persons for purportedly staging a black flag protest against the Chief Minister during his visit to Ernakulam district on June 11, 2022 [Sam Joseph v State of Kerala]..A division bench consisting of Chief Justice S Manikumar and Justice Murali Purushothaman dismissed the PIL that sought compensation for the two transgender persons on account of the alleged violation the provisions of the Transgender Persons (Protection of Rights) Act of 2019, by the police officers who detained them.After examining the material on record, the bench opined that the incident did not violate any provisions of the Act and that the petitioner had not made out a case for issuance of any directions. "Action which occasioned the police to arrest the transgenders [sic] does not fall within the ambit of any violation, as defined under the Act....In the light of the above discussion, this Court is of the view that the petitioner has not made out a case for issuance of a writ of mandamus or any directions, as prayed for. As a result, the writ petition is dismissed," the order said..The present PIL was moved by a person who claimed to be a public-spirited and active social worker.The case stemmed from a protest against Chief Minister Pinarayi Vijayan that took place on June 11, 2022 in Ernakulam District.Police officers allegedly detained some persons and took two transgender persons into custody for wearing black clothes after they were spotted close to where Chief Minister was speaking.Apart from compensation to the two transgender persons, the petitioner sought orders to procure the details of all the cases in which persons have been arrested and detained for waving black flags while protesting against ministers over the last 3 years.The State Police Chief denied all allegations raised against the police and said that they were just doing their duty.He further contended that the transgender individuals were taken into custody not for wearing black clothes but because they tried to intrude the motorcade of the Chief Minister.When the police officers attempted to prevent them, they willfully created a ruckus with the intention to seek the attention of the media, the State Chief Police submitted.He further submitted that a case was registered against the transgender persons at the Palarivattom police stations for burning the CPI(M) Flag at Palarivattom South Janatha road and its video footage was uploaded and broadcast live on social media.The Court noted that the petitioner refuted the facts stated in the counter affidavit filed by the Chief State Police and raised contentions attracting Section 151 of the Code of Criminal Procedure (CrPC).However, the Court was of the view that the said contentions raised were questions of fact which could not be determined in the present writ petition.Therefore, the Court dismissed the PIL..The petitioner was represented by advocate Rajesh Vijayan.The respondent was represented by Senior Government Pleader V Tekchand..[Read Judgment]