Justice Badharudeen denied anticipatory bail to Anwar Sadique K, accused of assaulting an advocate commissioner at Tirur Munsiff Court.
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Kerala: Recently, The Kerala High Court has adopted a resolute position against acts of violence targeting court personnel. Justice A. Badharudeen refused to grant anticipatory bail to Anwar Sadique K, who stands accused of physically assaulting an advocate commissioner and violating her dignity.
The allegations against Sadique involve accusations of grabbing the sleeve and apron of an advocate commissioner and forcefully pushing her against a wall, an action considered as an affront to her dignity. This incident took place while the advocate commissioner was executing her duties, appointed by the Munsiff Court at Tirur.
Justice Badharudeen’s ruling emphasized the severity of assaulting court officials, expressing-
“It is distressing to observe that the trend of attacking courts and their officials poses a new threat to the effective operation of the judicial system. If such actions are not taken seriously, it could endanger the very foundation of the judicial system, leading to a decline in the democratic values enshrined in the Constitution of India. Hence, any such incidents must be addressed with utmost seriousness, and those responsible should be dealt with firmly and decisively to safeguard the proper functioning of the judiciary.”
The court emphasized the role played by advocate commissioners in the execution of justice, asserting that any form of aggression directed towards them amounts to an attack on the judiciary itself.
Justice Badharudeen stated-
“An Advocate Commissioner plays a vital role as an officer of the court, and their duties are integral to the administration of justice within the court. Therefore, any attack on an Advocate Commissioner while fulfilling their court-assigned responsibilities should be regarded as an attack on the judiciary itself, and such occurrences cannot be disregarded or taken lightly.”
Despite the arguments put forth by Sadique, claiming his non-involvement in the suit for which the advocate commissioner was deputed and denying allegations of outraging modesty, the court found prima facie evidence supporting the accusations made by the prosecution. As a result, the plea for anticipatory bail was rejected, and Sadique was directed to surrender to the investigating officer within ten days for further interrogation. The court further ordered that upon arrest, Sadique must be presented before the jurisdictional court immediately.
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- Advocates PM Ziraj and Irfan Ziraj, representing the accused.
- Public Prosecutor MP Prasanth, appearing on behalf of the State.
Case Title:
Anwar Sadique K v. State of Kerala
