In a forceful response to a serious incident involving an advocate being attacked while drafting a complaint in court premises, the Kerala High Court highlighted the broader implications such violence poses to the legal system’s integrity and sanctity. The presiding bench viewed the assault not merely as an isolated breach of peace but as a challenge to the foundational principle that legal practitioners must be able to perform their duties without fear while engaged in the administration of justice.
The matter came to the Court’s attention when a petition detailed an episode in which an advocate, present in a judicial complex to prepare a complaint for a client, was physically assaulted by relatives of the opposite party to prevent filing. The aggressors confronted the lawyer in a courtroom corridor and proceeded to violently intervene, causing injuries and halting the legal process. The incident took place within the precincts of the court, immediately raising alarm about the breakdown of order in a space meant to uphold and administer law impartially and respectfully.
In a stern judgment, the Bench emphasized that the courtroom and its vicinities must remain inviolate zones of legal activity. Resorting to violence within these spaces, either to prevent a legal action or intimidate counsel, directly undermines the rule of law. The Court underscored that the legal profession plays a vital role in facilitating access to justice and ensuring that legal rights are protected through proper channels. Any act that intimidates counsel or disrupts official activity jeopardizes not just individual cases but also public faith in the judicial system.
Further, the Court noted that such violent intervention sends a chilling signal to advocates and litigants alike. If legal professionals cannot draft complaints free from interference, especially inside a court’s physical space, it risks fostering a culture wherein justice is obstructed by brute force rather than legal argument. The Court reminded all stakeholders that litigants must respect institutional processes and allow lawyers to represent clients without harassment.
To reinforce this principle, the Court issued stringent directives. It instructed the registry to record and assign separate police complaints in relation to any violence against advocates or officers of the court, and to monitor closely the progress of these criminal proceedings. In addition, the Court encouraged bar associations and court staff to remain vigilant and report any violent attempts or threats against legal practitioners, ensuring prompt police intervention.
In its reasoning, the Bench drew on constitutional and statutory safeguards. Article 22 mandates that legal professionals must not be denied legal representation, while other provisions under the Legal Services Authorities Act protect advocates’ right to practice without coercion. Assaults in court premises are not just personal injuries—they represent attempted interference with constitutional rights. Thus, the Court asserted that criminal sections applicable to assault, obstruction of legal duty, and contempt of court must be applied rigorously.
The judgment further reminded that advocacy extends beyond courtroom appearance—it includes preparatory legal work essential to initiating legal remedies. Hindering that work with violence poses a direct attack on access to justice and cannot be tolerated. The Court made it clear that any failure to deter such incidents would constitute a failure of judicial administration.
In sum, the Kerala High Court’s decision is a robust affirmation of the idea that courts must not only adjudicate but also protect the legal process itself. By firmly denouncing violence against advocates in court premises, ordering accountability through criminal prosecution, and urging all court stakeholders to participate in ensuring safety, the Court reaffirmed its commitment to preserving a justice system grounded in law and not lawlessness. The ruling serves as a strong reminder that interference through force has no place where legal rights are being invoked.
0 Comments
Thank you for your response. It will help us to improve in the future.