Appeal for Investigation and Action Against Magistrate
To: hckerala@nic.in
Cc: cr.nhrc@nic.in
Bcc: hrckeralatvm@gmail.com
Subject: Urgent Appeal for Investigation and Action Against Magistrate, Chalakkudi, in the Sheela
Case
Dear Honorable Chief Justice,
I hope this email finds you in good health and high spirits. I am writing to bring to your attention a
matter of utmost concern regarding the treatment of individuals within our criminal justice system,
particularly in the case of Sheela, where a grave violation of human rights and fundamental
principles of justice has occurred.
In our justice system, it is an established principle that even if a thousand criminals go unpunished,
not one innocent person should suffer. Article 21 of the Constitution guarantees that no person
shall be deprived of life and personal liberty except through due process of law. It further
mandates that a person arrested must be presented before a magistrate as soon as possible, and
custody beyond 24 hours can only be ordered by the magistrate.
It deeply troubles me to highlight the indiscriminate arrest and indefinite detention of individuals
based solely on complaints or unverified information. One distressing example is the case of
Sheela, who was unjustly imprisoned for a staggering 72 days. Such actions represent a clear
violation of human rights and fundamental principles of justice.
7/5/23, 12:51 AM Gmail - Subject: Urgent Appeal for Investigation and Action Against Magistrate, Chalakkudi, in the Sheela Case
https://mail.google.com/mail/u/0/?ik=657191043e&view=pt&search=all&permthid=thread-a:r-1796944998807356260&simpl=msg-a:r-1801902452752 2/3
Evidence of the failure of our police system and justice enforcement department to understand
and effectively implement constitutional and legal provisions is emerging through media reports
every day. Instances of fake rape cases, false drug cases, and numerous other fabricated charges
have come to light, causing irreparable damage to the falsely accused individuals. This situation
calls for urgent and comprehensive reforms.
The solution lies in providing comprehensive training to our police and law enforcement agencies,
ensuring they carry out their duties in a manner consistent with the protection of human rights and
fundamental principles. Additionally, it is imperative that the legal code is rewritten to inviolably
enforce the principle of protecting the life and liberty of individuals. No one's life and liberty
should be deprived until crimes are conclusively proven, and penalties causing irreparable loss
should be prohibited.
Allow me to draw your attention to the recent experience of Sheela Sunny, a woman entrepreneur
who was unjustly imprisoned for 72 days following false drug charges. In her interview on her
channel, Sheela Sunny recounted her disturbing and painful ordeal, which highlights the trampling
of fundamental rights by our administrative justice system.
According to Sheela Sunny, the actions of the female magistrate who ordered the arrest of the
accused were inhumane and illegal. It is alleged that the magistrate, without even looking at the
face of the accused, took the case file between the window bars, signed the papers without
questioning the accused, and sent them to jail. If these claims are true, it represents a serious
violation of human rights and fundamental rights guaranteed by the Constitution and the
directives of the Supreme Court in cases such as D.K. Basu to Arnesh Kumar.
During the arrest and production of an accused before the magistrate for remand, it is imperative
that the magistrate ask at least two questions: 1) Do you have anything to say? and 2) Do you
have any complaints? Such an inquiry is the right of the accused and serves as their first
opportunity to present their case before the court. Article 22(1) of the Constitution guarantees the
accused the right to seek the advice of a legal practitioner after arrest, and the magistrate has the
responsibility to directly question them. The magistrate also has the duty to ensure that the
procedure under Section 22(2) is followed. These points have been emphasized by the Supreme
Court in cases ranging from D.K. Basu to Arnesh Kumar.
In the case of Arnesh Kumar, the Supreme Court concluded that authorizing detention without
recording reasons by the judicial magistrate concerned would render them liable for departmental
action by the appropriate High Court. While officers may make mistakes, there is no excuse for the
magistrate to err in their duty. The steps taken by the magistrate in the case of Sheila Sunny's
remand, if found to be non-compliant with the law, should be met with disciplinary proceedings by
the Honorable High Court.
Furthermore, it is disheartening to acknowledge that incidents like these reflect not only on the
magistrate in question but also on the overall training provided by the Kerala Judicial Academy. If
this flawed system persists, it will erode the faith of ordinary citizens in the justice system,
undermining the very foundation of our society.
7/5/23, 12:51 AM Gmail - Subject: Urgent Appeal for Investigation and Action Against Magistrate, Chalakkudi, in the Sheela Case
https://mail.google.com/mail/u/0/?ik=657191043e&view=pt&search=all&permthid=thread-a:r-1796944998807356260&simpl=msg-a:r-1801902452752 3/3
I would like to bring to your attention a statement made by P. S. Anthony, a former Thrissur Family
Court Judge, who expressed his deep concern regarding the incident involving Sheila Sunny. He
highlighted the need for comprehensive reforms in the justice system and emphasized the
inadequacy of the training provided by the Kerala Judicial Academy. His words echo the sentiments
of many citizens who have lost faith in the system due to such unjust practices.
In light of these distressing incidents and the urgent need for reform, I earnestly appeal to your
esteemed office to initiate a thorough investigation into the conduct of the magistrate, Chalakkudi,
in the Sheela case. It is essential to determine the extent of the violations of human rights and
fundamental principles of justice and to take appropriate action against those responsible.
I have the utmost confidence in the integrity and commitment of our esteemed judiciary to uphold
justice and protect the rights of individuals. I humbly request your swift intervention and decisive
action to restore faith in our justice system, ensuring that such grave injustices are not repeated.
Thank you for your attention to this pressing matter. I remain at your disposal should you require
any further information or assistance regarding this issue.
Yours sincerely,
[Shibu Jacob]
Shibu Jacob Thakadiyel,
Vazhoor P.O., Kottayam Dist,
KERALA - 686 504, IN
State/UT Code: 32
PH : 9497548473, 7558921880