Kerala HC stays order directing Lakshadweep public prosecutor to attend authorized cell at Kavaratti
3 min read By Express News Service
KOCHI: Even as protests are rising on the sweeping modifications in Lakshadweep islands, the Kerala High Court on Tuesday stayed the order of Additional District Magistrate, Kavaratti, directing the Assistant Public Prosecutor at Amini Island, Lakshadweep, to “attend the Special Cell (Legal), Secretariat, Kavaratti, for completing urgent pending works until further orders.”
A Division Bench comprising Justice Okay Vinod Chandran and Justice MR Anitha directed the Administrator, Union Territory of Lakshadweep to make sure that the prosecutor ought to be posted within the island the place the courts are functioning. The courtroom issued the order on the petition filed by Muhammed Saleem KP, Andrott Island, Lakshadweep.
The Sub Judge on the island has knowledgeable the Bench that for the final two months prosecutors have been deputed to the island in Kavaratti to hold out vetting of expenses. Hence, there have been no instances posted for trial after the reopening of the courts.
ALSO READ: Congress MP Hibi Eden urges PM Modi, Shah to save lots of Lakshadweep
“We are of the prima facie opinion that the prosecutors appointed for the functioning of the courts are to be posted in the islands where courts are functioning and if any vetting charges have to be made by them, it is for the administration to see that the documents are transmitted to them at the island where they are supposed to function as prosecutors. Hence, we stay the order,” held the Bench.
When the case got here up for listening to, the courtroom requested the standing counsel for the UT administration, “Counsel, you know what is happening in the Lakshadweep, not about the newspapers report and all, on the judicial side I have warned you once as I am the judge in charge of the administration there.”
R Rohith, counsel for the petitioner argued that the current order was rampant abuse of energy and an absolute failure of the justice supply system significantly within the felony justice system of Lakshadweep. In Lakshadweep, courts are located on three islands. The Magistrate Court is at Andrott, the Chief Judicial Magistrate Court cum Assistant Session Court is at Amini and the District and Sessions Court is at Kavaratti.
ALSO READ: Actor Prithviraj, footballer Vineeth lengthen help to ‘Save Lakshadweep’ marketing campaign
The Union Territory of Lakshadweep doesn’t have a daily cadre of prosecuting officers. The petitioner alleged that for the final 4 months no felony trial is accomplished in Chief Judicial Magistrate Court, Lakshadweep because of the absence of an Assistant Public Prosecutor in trial proceedings. Now the Assistant Sessions Court and Chief Judicial Magistrate Court, Amini is unable to conduct felony trials.
The motion of the administration in giving much less significance to the due means of the Judicial System in Lakshadweep can’t be tolerated. The Public Prosecutor is an officer of the Court and he’s certain to help the Court together with his pretty thought-about view and the courtroom is entitled to get pleasure from the honest train of his operate. Therefore, the Lakshadweep Administration has to deal with Assistant Public Prosecutors as unbiased officers and appoint them primarily to help the courts, submitted the petitioner.
