“There have been numerous occurrences in recent years where the police have subjected lawyers to harassment, physical assault, torture, and unjustified filing of FIR’s.”-The plea said, filed by Kerala High Court Advocates Association (KHCAA), Yeshwanth Shenoy (President of KHCAA), and Anoop V Nair (Secretary of KHCAA).
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Kochi: The Kerala High Court has called for the state’s response to a plea advocating for a fast-track mechanism to handle such issues. This plea, filed by the Kerala High Court Advocate’s Association (KHCAA) along with its President Yeshwanth Shenoy and Secretary Anoop V Nair, highlights the ongoing issue of police brutality against legal professionals and the absence of sufficient laws or protocols to prevent such incidents.
“Multiple incidents have happened in Kerala in the last few years where the police have harassed, beaten up, tortured, and filed false FIRs against advocates,”
-plea stated
The petition underscores a series of disturbing incidents in Kerala over recent years, where lawyers have reportedly faced harassment, physical abuse, torture, and wrongful implication in false FIRs (First Information Reports) by the police. Despite previous acknowledgments of these issues by the High Court, such unlawful acts continue unabated, showing a blatant disregard for the legal system.
A recent case cited in the plea involves an advocate who, while visiting the Alathur Police Station for professional reasons, allegedly endured harassment and abuse by the police officers present. This incident escalated with the registration of multiple baseless and false cases against the advocate, further exemplifying the gravity of the situation.
The petitioners express the difficulties faced by advocates in fulfilling their professional responsibilities due to such police atrocities. They point out a “legal vacuum” in the current laws that should protect advocates in their professional functioning. The plea also notes the lack of guidelines issued by the police, despite repeated instances of violence and false FIRs against lawyers across the state.
“There is a legal vacuum that exists when it comes to laws protecting advocates in their professional functioning,”
-the plea said.
In light of these concerns, the petitioners urged the Court to establish clear guidelines for the registration of cases against lawyers. This move is seen as a crucial step towards ensuring the safety and dignity of legal professionals, enabling them to perform their duties without fear of police misconduct.
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The Kerala High Court’s decision to seek a response from the state on this matter marks a pivotal moment in addressing the long-standing issue of police behavior towards lawyers. It is a step towards reinforcing the respect for legal professionals and the rule of law, and it is anticipated that the outcome of this plea will bring about significant changes in the way cases against lawyers are handled in the state.
The matter will be heard next on February 1, 2024.
CASE TITLE: Kerala High Court Advocate Association v State of Kerala & Ors.
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