Kerala High Court Initiates Suo Motu Case on Police Violence Against Lawyers

In a significant move to uphold the sanctity of legal institutions, the Kerala High Court has taken it upon itself to initiate a suo motu case concerning recurring incidents of police violence against lawyers within the state. This decision follows a recent troubling event at a court in Alappuzha, where police officers reportedly assaulted an advocate.

The incident within the Ramankary Magistrate Court premises led the Kerala High Court Advocates’ Association (KHCAA) to seek immediate intervention from Acting Chief Justice A Muhamed Mustaque. The request was promptly addressed by a Division Bench comprising Justices AK Jayasankaran Nambiar and Syam Kumar VM, who noted the gravity of the situation, particularly because it transpired in a court setting.

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Highlighting a disturbing trend, the Bench observed that assaults on lawyers by police are increasingly frequent. In response, they have called for the formulation of strict guidelines governing police conduct towards lawyers, judges, and court staff across Kerala.

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The assaulted lawyer, identified as Gopakumar Pandavath, was promptly hospitalized following the attack. Despite the hospital notifying the police, no officers reportedly visited Pandavath, though he received a call from the Pulicunnu police station’s house officer.

The incident has stirred considerable unrest within the legal community, prompting over 15 bar associations statewide to protest or boycott court proceedings. Nonetheless, the KHCAA has decided against a boycott, adhering to its recent policy against such actions. The association has expressed dissatisfaction with the lack of immediate action by judicial officers at both the Ramankary and Alappuzha Principal District Courts following the incident.

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This episode is part of a broader pattern of conflicts between the legal community and law enforcement in Kerala. Just last week, a police officer was convicted under the Contempt of Courts Act for disrespecting an advocate, underscoring the court’s resolve to protect legal professionals from police misconduct.

The High Court is now also considering a plea from the KHCAA to establish a fast-track mechanism for adjudicating complaints against police misconduct, aiming to ensure accountability and respect within interactions between police and the legal fraternity.

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