'Need Not Plead With Folded Hands': Kerala High Court Says Judges Are Not God

KOCHI: The Kerala High Court has said that the judges are just doing their constitutional duties and litigants or lawyers are not required to argue before the court with folded hands, as they are no gods. Justice P.V Kunhikrishnan who pointed out this when a litigant argued her case with folded hands and tears in her eyes.

Justice Kunhikrishnan said that even though a court of law is known as a temple of justice, there are no gods on the bench requiring any obeisance from lawyers or litigants apart from maintenance of decorum. “First of all, no litigant or lawyer needs to argue their case with folded hands before a court of law because it is their constitutional right to argue a case before a court of law.

“Usually the court of law is known as ‘temple of justice’. But there is no god sitting in the bench. The judges are doing their constitutional duties and obligations. But the litigants and lawyers should keep the decorum of the court while arguing the case,” said the Court. The litigant, Ramla Kabeer, was before the court in person to quash a first information report (FIR) registered against her alleging offences punishable under Sections 294(b) (singing, reciting, or uttering obscene song or words in or near a public place), 506(i) (criminal intimidation) of Indian Penal Code (IPC) and Section 120(o) of the Kerala Police Act.

The allegation was that she telephoned the Circle Inspector of Police at North Police Station, Alappuzha, a few times and threatened him using abusive words. She pleaded before the Court that the case was false as she had filed a police complaint against a prayer hall being used in a manner that was causing noise pollution in the area.

The local police official was asked probe it and when she called him to know of the progress, the police officer verbally abused her over the phone. She filed a complaint before the Police Complaints Authority as well as Inspector General of Police against the erring official and this irked the officer and she pointed out due to that he filed a counter case against her.

The court after going through the case and the arguments quashed the case against Kabeer and ordered a departmental enquiry against the circle inspector.