Electoral disputes must be settled through ballot, not violence: Kerala High Court in Kala Raju case

The Kerala High Court recently granted anticipatory bail to five Congress workers booked for assault in relation to the abduction case of Koothattukulam municipal councillor Kala Raju [KR Jayakumar & ors v State of Kerala]..In the order granting bail, Justice PV Kunhikrishnan said that elected representatives must uphold the trust placed in them by the electorate and that any deviation from the electorate's expectations should be addressed through the democratic process and not through violence or unlawful means."The proper manner by which a person is to be defeated in a democratic set-up is through the ballot papers and not by using weapons or by committing vandalism. In this case, both sides are trying to take the law into their own hands instead of approaching the people in a democratic manner," the judge said.He also invoked Abraham Lincoln's definition of democracy in his order."Democracy is the government of the people, by the people, and for the people.".The Court was considering the anticipatory bail plea filed by five Congress members accused of assault and other offences under various provisions of the Bharatiya Nyaya Sanhita (BNS) in relation to the abduction and assault of a municipal councillor..By way of background, a no-confidence motion was moved against the ruling Left Democratic Front (LDF) in the Moovatupuzha Nagara Sabha.Kala Raju, a CPI(M) councillor in the LDF-led Koothattukulam municipality, had hinted at a shift in allegiance to the rival United Democratic Front (UDF) which holds 11 seats in the 25-member municipal body.On January 18, 2025, when Raju was on her way to the council meeting, she was allegedly assaulted by five named accused and 45 other unidentified individuals, allegedly belonging to her own party.Her son filed a complaint over the same and an FIR was registered. Later, another FIR was registered against the five petitioners, all Congress workers.The five accused, KR Jayakumar, PC Jose, Prince Paul John, Reji John and Boban Varghese, moved the High Court alleging that the case against them was a retaliatory FIR lodged at the instance of LDF supporters who were the actual culprits.They vehemently denied the allegations against them and argued that no crime was maintainable against them and even the charges under Sections 74 (outraging modesty of woman) and 76 (assault with intent to disrobe a woman) of the BNS would not apply to them based on the facts of the case.It was also pointed out that, the Kerala High Court had recently closed a petition filed by one of the UDF councillor, Prince Paul John, who had sought police protection in view of the 'untoward incident' that took place on January 18 ahead of the no-confidence vote..Senior Public Prosecutor strongly opposed the bail plea stating that the allegations against the petitioners were very serious..However, the Court noted with concern, the rising trend of political disputes escalating into street violence.The single-judge stated that democracy can thrive only when both the people and their leaders adhere to rule of law and democratic principles. The Court acknowledged that the shifting allegiance of LDF councillor Kala Raju could have caused embarrassment to her party members and supporters, resulting in the two crimes being registered.But it emphasised that the correct way to challenge a political defection or policy change was only through the ballot box and not through intimidation or violence."People can show their will to such a representative in the next election either by supporting him or by defeating him. That is the beauty of democracy. But an elected representative going against the will of the people should not be confronted physically by attacking that representative. The people can show their power through their ballot papers.", the Court added..The Court granted anticipatory bail to the petitioners with directions to appear for interrogation within two weeks and to cooperate with the investigation..The petitioners were represented by advocates V John Sebastian Ralph, Ralph Reti John, Vishnu Chandran, Giridhar Krishna Kumar, Geethu TA, Mary Greeshma, Liz Johny and Krishnapriya Sreekumar.Senior Public Prosecutor Noushad KA appeared for the state..[Read Order]