The Kerala High Court stayed a trial court order directing rape-accused MLA Rahul Mamkootathil to reveal the passwords of his mobile phones to the police. The court will examine whether forcing an accused to disclose phone passcodes violates constitutional protections against self-incrimination and privacy.
The Kerala High Court on Wednesday stayed a trial court order that had directed rape-accused Rahul Mamkootathil, a Palakkad MLA, to reveal the passwords of his mobile phones to the police as part of an ongoing investigation in one of the three rape cases filed against him.
Justice C Jayachandran passed the interim order while hearing a petition filed by Mamkootathil challenging the directive issued by the Judicial First Class Magistrate Court, Thiruvalla. The magistrate court had earlier ordered the MLA to disclose the passcodes of his mobile devices so that investigators could access the data stored in them.
The matter arises from one of three rape cases currently registered against Mamkootathil following complaints made by different women. In the present case, the complaint was filed by a woman from Thiruvalla. The MLA is presently out on bail in connection with this case.
According to the investigation, the police had seized Mamkootathil’s mobile phones during the probe and later sent them for forensic examination. However, investigators were unable to access the information stored on the devices because the phones were protected by passcodes. Since the digital data could not be retrieved, the investigating agency approached the magistrate court seeking permission to compel Mamkootathil to disclose the passwords of the devices.
The magistrate court accepted the request and issued an order directing the MLA to reveal the passcodes so that the phones could be unlocked and examined for evidence relevant to the investigation.
Challenging this direction, Mamkootathil moved the Kerala High Court seeking to set aside the magistrate’s order. Before the High Court, his counsel argued that forcing him to disclose the passwords would violate his constitutional rights.
Mamkootathil contended that being compelled to reveal his phone passcodes would amount to forcing him to give evidence against himself. His legal team argued that such a direction goes against the protection guaranteed under Article 20(3) of the Constitution, which protects individuals from self-incrimination.
The MLA also argued that allowing the police unrestricted access to his mobile phones would violate his fundamental right to privacy under Article 21 of the Constitution. According to the petition, the phones contain large amounts of personal and private information that have no connection with the allegations made in the case.
Mamkootathil has consistently denied all allegations in the three rape cases registered against him. He has maintained that his relationships with the complainants were consensual and has alleged that the criminal proceedings were initiated with the intention of damaging his reputation and public image.
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After considering the arguments, Justice C Jayachandran passed an interim order staying the magistrate court’s direction that required Mamkootathil to disclose the passwords of his mobile phones. The High Court will examine the legal issues raised in the petition, including whether compelling an accused person to reveal a phone password violates the constitutional protections against self-incrimination and the right to privacy.
Mamkootathil was represented in the High Court by senior counsel Sasthamangalam Ajithkumar along with advocates Sreejith S Nair, Satheesh Mohanan and Mahima.
Case Title:
Rahul Mamkootathil v State of Kerala
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