The order was issued by Justice B P Ray while considering petitions filed by the ASP, then DYSP Hakim Bathery and 13 other police officers seeking to quash the criminal complaints filed against them by the relatives of those killed in the firing.
The DYFI workers were allegedly trying to block the then Cooperation Minister M V Raghavan from attending an official function, when the police firing took place on November 25, 1994.
According to the complaints by the relatives, the accused allegedly opened fire without provocation.
Quashing the criminal cases, the court said there was no materials to arrive at a criticism as to who gave the firing order. Petitioners had been to the spot for maintaining law and order and for safety of Raghavan.
Action was in discharge of their public duty, the court held. They have protection under Sect 197 Crpc (sanction to prosecute). In the absence of valid sanction, the complaint is not maintainable.
However, court made it clear that the observation of the High Court shall not prejudice the right of the complainants in any prosecution after the requirements of sect 197(1) of Crpc are complied with.