Persons in custody shall not be deprived of access to justice: Kerala High Court asks CJM to order release of protesters in Lakshadweep

The Kerala High Court today directed the Chief Judicial Magistrate at Amini, Lakshadweep to take up the case of persons who were recently arrested for protesting against the Administration’s policies (Sayed Mohammed Koya v. Administrator, Union Territory of Lakshadweep)..The islands of the Union Territory of Lakshadweep have been embroiled in protests by residents against the Administration’s recent proposed reforms, after which some protesters were arrested..In its order passed today, the Bench of Justices A Muhamed Mustaque and Kauser Edappagath stated,“The most important concern for us is the liberty of the persons who are in custody. They shall not be deprived of the means of access to justice. It is appropriate in such circumstance to direct the CJM, Amini, to take up the case of the persons, who have been in custody pursuant to registration of the case by SHO of Kilthan Island by 3 pm today…The CJM can order release of such persons on execution of self bond or on conditions he deems fit to impose.”.Advocate R Rohith, appearing for one of the detainees, argued that peaceful protesters as well as those protesting on social media, were arrested by the police. As of May 29, 23 persons have been detained, he added. FIRs were registered against the protestors for bailable offences under Section 285 (negligent conduct with respect to fire or combustible matter), 500 (punishment for defamation), 120B (criminal conspiracy), and 143 (unlawful assembly) r/w 149 (unlawful assembly with common intent) of the Indian Penal Code (IPC) and 51(b) of the Disaster Management Act, 2005..It was submitted that the detainees have not been released on bail even five days after they were remanded in custody. Moreover, it was claimed that the protestors have been remanded by the Executive Magistrate for no reason..Advocate Manu S, representing the administrator of Lakshadweep, alleged that the protesters were taken into custody after some of them burned effigies of the District Collector and went on hunger strikes. Videos of the same were widely circulated on social media, he said. It was stated that the Executive Magistrate passed a remand order for seven days since it was not possible to produce the detainees to the Chief Judicial Magistrate (CJM) of Amini due to a lack of boats for transportation. The UT further claimed that though the Station House Officer (SHO) and Executive Magistrate of Kilthan were prepared to release the detainees on bail, they had refused to accept the offer. Rohith, however, refuted this claim, maintaining that no such offer had been made until today's hearing..The Bench took note of the petitioner's claim that one of the detainees had tested positive for COVID-19, thereby posing a threat to the health of the other 22 people who had been detained along with him..While the petition sought a directive from the High Court to the administrator of Lakshadweep to ensure that every citizen has a right to peaceful protest, the Bench declined to go into the merits of such aspects for the time being. .While directing the CJM at Amini to take up the case of the detainees at 3 PM today, the Court held that physical presence of the persons in custody would not be necessary. The detainees were instead directed to be produced before the CJM through video conferencing, after which the CJM can order their release on bail, on any conditions that he deems fit..The Court also directed the Medical Officer of Kilthan Island to examine the health condition of all detainees. If any person in custody is COVID positive, such person is not required to be produced for hearing before the CJM..The case was posted for hearing tomorrow. Meanwhile, the Executive Magistrate was tasked with filing a report of the persons remanded in custody, their duration of custody and their respective offences under penal enactments..[Read Order]