Kerala High Court denies relief to man booked for attacking Advocate Commissioner

The Kerala High Court recently denied anticipatory bail to a man accused of attacking an advocate commissioner and outraging her modesty by pushing her against a wall [Anwar Sadique K v. State of Kerala].Justice A Badharudeen said that attacks on courts and court officials threatens the judicial system as a whole and called for stern action to address the same.The single-judge opined that dealing with such attacks lightly would affect the Indian democratic system."It is heart breaking to note that the tendency to attack courts and officials of the court has been a new threat to the smooth functioning of the judicial system. If such acts/attempts are viewed lightly, the very existence of judicial system will be in peril, which would tantamount to deterioration of the democratic principles enshrined in the Constitution of India. Therefore, any such attempts to be addressed with extreme seriousness and the accused/ culprits behind this should be dealt sternly and strictly to protect the smooth functioning of the judicial system," the Court observed..The Court also specifically mentioned attacks on advocate commissioners and said that they are to be considered as attacks on the judiciary itself."An Advocate Commissioner is an officer of the court and the work of the Commissioner is part of administration of justice by the court. Therefore, attack against an Advocate Commissioner, while doing the assigned duty by a court of law to be stemmed as attack against the judiciary and such attacks could not be pardoned or viewed lightly," the Court said..The Court made these observations while considering a petition moved by one Anwar Sadique K, seeking anticipatory bail in a case registered against him for attacking an advocate commissioner deputed by the Munsiff Court at Tirur. The prosecution case was that Sadique pulled at the advocate commissioners sleeve and apron and pushed her against a wall, thereby outraging her modesty.Before the High Court, Sadique argued that he was not involved in the suit for which the advocate commissioner was appointed and that no overt acts of outraging a woman's modesty warranting the registration of the crime, were alleged against him. .Upon examining the complaint filed by the advocate commissioner on the basis of which the case against Saquique was registered, the Court opined that prima facie, commission of offences alleged by the prosecution was made out.Therefore, it refused to grant Sadique anticipatory bail and directed him to surrender before the investigating officer within ten days (from April 2) for interrogation. In the event of arrest, he shall be produced before the jurisdictional court without fail, the Court ordered..Sadique was represented by advocates PM Ziraj and Irfan Ziraj. Public Prosecutor MP Prasanth appeared for the State. .[Read Order]