Kerala High Court Registers Suo Motu Case Regarding Violence By Police Against Lawyers
The Kerala High Court has initiated a Suo Motu case to address the troubling issue of police violence against lawyers in the state.
This action follows a recent incident where an Advocate, Gopakumar Pandavath, was reportedly attacked by police officers within the premises of the Ramankary Magistrate Court in Alappuzha on September 9.
The case came to the court’s attention after the Kerala High Court Advocates' Association (KHCAA) wrote a formal complaint to Acting Chief Justice A Muhamed Mustaque, urging him to take appropriate action. The KHCAA also presented the letter to a Division Bench consisting of Justice AK Jayasankaran Nambiar and Justice Syam Kumar VM. The said Bench passed an order on September 10, inter alia noting that "We also believe the time has now come for us to issue directions with regard to the protocols/guidelines that have to be adhered to by Police Officials when interacting with lawyers, Judges and staff of the various courts in the State".
The Court acknowledged the seriousness of the situation, particularly since the assault occurred within a court’s premises, and noted a disturbing trend of increasing incidents of such violence against lawyers by police officers.
The Acting Chief Justice issued direction to the Division Bench to initiate Suo Motu Writ Petition. He said in his letter, “It is observed that instances of police officers assaulting members of legal fraternity is on the rise and when such incidents transpire within the court premises, these incidents assume a character of grave nature.”
The Division Bench has decided to proceed with the suo motu case with the Acting Chief Justice's approval. When the matter was mentioned by the President of the KHCAA, the Divison Bench recorded an undertaking by the Special Government Pleader to file a report regarding the attack on the lawyer by September 13.
According to the KHCAA's letter, after the alleged attack on Advocate Pandavath, he was taken to a hospital for treatment. Although hospital authorities notified the police about the incident, no police personnel reportedly visited Pandavath at the hospital. Instead, he was contacted by the station house officer of the Pulicunnu police station via phone.
As per the letter, the Alappuzha Bar Association was preparing to file a formal complaint with the relevant authorities. Meanwhile, the KHCAA executive body convened a meeting. The KHCAA’s letter to the Acting Chief Justice indicated that over 15 bar associations across the state are either protesting or boycotting court activities in response to the incident. However, in line with its policy on boycotts and strikes, the KHCAA clarified that it has chosen not to participate in a boycott.
The letter signed by KHCAA President Advocate Yeshwanth Shenoy and its Secretary Advocate Anoop Nair also highlighted that neither the judges at the Ramankary Court complex nor those at the Alappuzha Principal District Court took any action or urged authorities to address the incident promptly.