Kerala High Court stays order directing rape accused MLA Rahul Mamkootathil to reveal phone passwords

The Kerala High Court on Wednesday stayed a trial court order directing rape-accused Palakkad MLA Rahul Mamkootathil to disclose the password of his mobile phones to the police in connection with an investigation into one of three rape cases filed against him [Rahul Mamkootathil v State of Kerala].

Justice C Jayachandran passed the interim order on a petition by Mamkootathil to set aside an order passed by the Judicial First Class Magistrate Court at Thiruvalla for the disclosure of his mobile phone passcodes.

Mamkootathil is currently facing three rape cases registered on complaints made by different women.

The former Congress leader has consistently denied allegations against him and maintained that his relationships with the complainants were consensual. He has also alleged that the criminal proceedings were initiated with the intention of tarnishing his public image.

The third such rape case was registered based on a complaint from a woman from Thiruvalla. Mamkootathil is presently out on bail in this case.

As part of the investigation, the police had requested access to data on mobile phones seized from Mamkootathil. These phones had been sent for forensic examination, but the data stored in the devices could not be accessed as they were protected by passcodes.

In view of this, the investigating agency had sought a direction from a Thiruvalla magistrate court to compel Mamkootathil to disclose his phone passwords so that the devices could be unlocked and examined as part of the investigation.

The magistrate, in turn, directed Mamkootathil to reveal the passcodes.

Aggrieved by this direction, Mamkootathil approached the High Court seeking to quash the trial court's order.

Before the High Court, Mamkootathil argued that compelling him to disclose the password of his mobile phones would amount to forcing him to provide evidence against himself, which is violative of the protection against self-incrimination under Article 20 (3) of the Indian Constitution.

Mamkootathil has further stated that giving the police access to the contents of his mobile phone would also violate his fundamental right to privacy under Article 21 of the Constitution, since his phones contain extensive personal and private information unrelated to the case filed against him.

Mamkootathil was represented by senior counsel Sasthamangalam Ajithkumar along with advocates Sreejith S Nair, Satheesh Mohanan and Mahima.

[Live Coverage]