Kerala High Court denies relief to men booked for assaulting lawyer who drafted complaint against them

The Kerala High Court recently denied anticipatory bail to nine men accused of attacking an advocate who drafted a complaint against them on behalf of his client [Riyas & Ors. v. State of Kerala].

Justice Bechu Kurian Thomas said that such attacks on advocates, who are the very persons who enable citizens to access to justice, affect the rule of law and must be dealt with sternly.

"Assaulting an Advocate for drafting a complaint cannot be viewed lightly. The fundamental right to have access to courts of law is enabled largely through Advocates. If Advocates are attacked for drafting complaints rule of law will suffer," the Court said.

The Court made the observation while considering an anticipatory bail application filed by nine individuals who were accused of brutally attacking advocate Asif Rahman in April this year.

All nine were booked by the police under Sections 189(2), 191(2), 191(3), 126(2), 115(2), 118(1), 118(2), 110, 190, 296(b) of the Bharatiya Nyaya Sanhitha, 2023 (BNS).

They sought anticipatory bail, arguing that the allegations were false and that no such incident had occurred.

Their plea was opposed by the Public Prosecutor as well as advocate Rahman. The Court was told that Rahman had suffered chest trauma and fractured his vertebrae in the attack.

Rahman's counsel submitted that the accused were all political leaders and they targeted the lawyer because he had drafted a complaint against them.

The High Court went through the complaint drafted by Rahman and noted that the first accused in the present case was also the first person named in the complaint. This suggests motive, the Court said.

"The attack in the instant case appears to be brutal... The contention that the said document is a concocted document is not supported by any material," the Court added.

Taking note of the serious nature of the attack and the injuries caused, the Court declined to grant anticipatory bail to the accused.

The accused individuals were represented by advocates Dipu James, A Al Fayad, and KM Firoz.

Rahman was represented by advocate Ahammed Mizaar VP.

Public Prosecutor Noushad KA appeared for the State.

[Read Order]