Kerala HC suspends order directing Lakshadweep prosecutor to visit legal cell in Kavaratti- The New Indian Express

Through Express press service

KOCHI: Even as protests mount against sweeping changes in the Lakshadweep Islands, Kerala’s High Court on Tuesday suspended the order of Additional District Magistrate Kavaratti, ordering Amini Island Deputy Prosecutor Lakshadweep to “To go to the special cell (Legal), Secretariat, Kavaratti, for completing the urgent work pending until further notice.” “

A division bench composed of Judge K Vinod Chandran and Judge MR Anitha ordered the Union Territory Administrator of Lakshadweep to ensure that the prosecutor is assigned to the island where the courts are functioning. The court issued the order on the petition filed by Muhammed Saleem KP, Andrott Island, Lakshadweep.

The island’s deputy judge informed the judiciary that in the past two months, prosecutors have been delegated to Kavaratti Island to review the charges. As a result, no cases were brought to trial after the courts reopened.

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“We are of the prima facie view that prosecutors appointed for the functioning of the courts should be stationed in the islands where the courts are functioning and if charges of control are to be brought by them, it is for the administration to ensure what the documents are transmitted to them on the island where they are supposed to exercise the functions of prosecutors. Therefore, we maintain order, ”held the judiciary.

When the case was considered, the court asked the standing council of the UT administration, “Master, you know what’s going on in the Lakshadweep, not about the newspaper report and all, on the judicial side. , I warned you once I was the judge responsible for the administration there. “

R Rohith, counsel for the petitioner, argued that this order constitutes a widespread abuse of power and an absolute failure of the justice system, especially in the Lakshadweep criminal justice system. In Lakshadweep, the courts are located on three islands. The Magistrate Court is in Andrott, the Chief Judicial Magistrate Court cum Assistant Session Court in Amini and the District and Sessions Court in Kavaratti.

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The territory of the Lakshadweep Union does not have a regular cadre of prosecutors. The petitioner alleged that in the past four months no criminal trial has been completed before the Chief Judicial Magistrate Court, Lakshadweep, due to the absence of a deputy prosecutor in the trial. Now an assistant to the Sessions Tribunal and the Chief Judicial Magistracy, Amini is unable to conduct criminal trials.

The administration’s move to place less emphasis on due process in the Lakshadweep justice system cannot be tolerated. The public prosecutor is an officer of the Court and he is obliged to assist the Court with his fairly considered opinion and the court has the right to benefit from the due exercise of its function. Therefore, the Lakshadweep administration must treat deputy prosecutors as independent civil servants and appoint them primarily to assist the courts, the petitioner submitted.

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