Alappuzha: The alleged assault on Youth Congress activists by Chief Minister Pinarayi Vijayan's gunman and cops in Alappuzha when the CM and ministers were travelling as part of Nava Kerala Sadas was a 'mistake of fact', according to the refer report (final report) submitted by police with the Judicial First Class Magistrate Court - 1, Alappuzha.

The police have also labelled the type of final report as 'Unoccurred'. Once an FIR is registered in a case, police collect evidence and statements and file a final report, which is treated as a charge sheet. In this case, police submitted a report saying that the accusations were factually wrong and that the incident never happened.

 When a police report is marked as "unoccurred" or a "mistake of fact," it indicates that the case is considered false, a legal or factual mistake, or of a civil nature and that the individuals involved cannot be held criminally liable.

Chief Minister's gunman Anil Kumar and security officer S Sandeep, along with three others, were named as accused in the case, with the two listed as the first and the second accused, respectively.

The final report submitted by the Alappuzha Crime Branch Deputy Superintendent of Police (DySP) states that the Chief Minister and the ministers attending the Nava Kerala Sadas were entitled to Z+ category security. Under this category, any individual approaching a VIP without security clearance or attempting to disrupt their commute is considered a potential threat. 

The report further noted that the Chief Minister had been facing security threats from the outset of the event. The timely intervention of his security team, it stated, averted a grave danger. The report detailed that during the Nava Kerala Sadas, miscreants hurled stones, sticks, and sandals at the bus carrying the Chief Minister, and some even jumped in front of the vehicle. Such actions could have caused the driver to change direction suddenly, causing potential danger to innocent pedestrians. The primary duty of the security team was to prevent these dangers, the report emphasised.

Though local police had set up security in Alappuzha, the complainants managed to bypass the officers and approach the chief minister's bus. Fearing an attack, the security officers acted swiftly to stop the group from nearing the vehicle.

“On December 15, 2023, the incident occurred at around 4 pm when two youths jumped in front of the Chief Minister's bus and slammed the left side of the vehicle where the CM was seated. When local police could not overpower them, the Personal Security Officer (PSO) and officials from the escort vehicle intervened, using lathis to restrain the individuals and allow the vehicle to proceed,” the accused said in a statement to the police.

The police report also mentioned that no incriminating evidence was found in the CCTV footage collected from shops near General Hospital Junction between 3 pm and 5 pm on the day of the incident. “Despite requests to media channels and the complainants to provide footage of the alleged assault, none was submitted. However, the police photographer's visuals were handed over to the court,” the report said. 

As per the police report, examination of statements showed that the cops in the escort vehicles only made a required intervention to avoid any untoward incident and that there was no intentional act on their part against the complainant and others in an illegal manner, and they were merely discharging official duty. The report further quotes relevant sections from the Kerala police act to back this finding. As per section 113(1) of the KP Act, no suit, prosecution, or other legal proceedings shall lie against the Government or any Police officer or any public servant duly appointed or authorized under this Act for anything done or intended to be done in good faith in the due discharge of official duties.

The original FIR alleged that Anil Kumar and Sandeep assaulted Youth Congress activists Ajay Juel Kuriakose and AD Thomas at the traffic signal near the General Hospital around 4 pm on December 15, 2023, after they had been restrained by the police. The activists had protested against the Chief Minister. 

According to the FIR, Anil Kumar exited a patrol vehicle following the Chief Minister's bus, struck the activists with a lathi, and hurled abuses. Sandeep, in a second vehicle, also reportedly hit the activists. Both Ajay and Thomas sustained serious injuries to their heads and hands. The complaint, filed by Thomas, district president of the Kerala Students Union (KSU), led to the investigation. Following the incident, Chief Minister Vijayan had publicly defended the actions of Anil Kumar and Sandeep, even terming it a 'rescue act'.

The case is scheduled for hearing on October 17. The complainant said he had often approached the investigating officials with visual evidence of the incident but was turned down. "Once they said they can't accept visuals with watermark. Then, they asked for original visuals. But whenever I presented visuals in person, the police found a way not to receive the evidence," he said.

Ajay said that the police report describing the action of cops as official duty was a travesty. "We didn't even touch the bus. Also, we were assaulted once the bus had passed by. The gunman and four other cops who were following the bus in other cars stepped out and assaulted us. This was after the CM and ministers had gone past the spot where the incident happened. How can it be called a discharge of duty?" he asked. 

Ajay will file a protest complaint in the court. He had sustained injuries to his shoulder ligament and ribs in the incident.