complaint regarding Right of Accused to sit in court
To
Mr. Jaffer Malik
The District Magistrate and the Ernakulam District Collector
Notice To -
Mr. Vishnuraj P.
Sub Divisional Magistrate and Sub Collector at Fort Kochi
14 June 2022
Kochi
Subject: Disorder in Sub Divisional Magistrate Court and Rights of Accused.
Reference 01 - Avtar Singh and others v. State of Madhya Pradesh, AIR 1982 SC 1260 - Honourable Supreme Court of India Judgement.
Reference 02 - Judgement of Madras High Court on 1 July, 2015 in the case A. Jaiganesh vs Tamil Nadu Thro' Its Chief Secretary
I Nipun Cherian, accused in MC 176/2022 had appeared before the Fort Kochi Sub Divisional Magistrate today (14 June 2022) and remained seated in a chair in the court hall as the various cases before my case were being called out. As I stood up when my case was called, the Sub Divisional Magistrate Mr. Vishnuraj shouted from his chair in a manner unbecoming of a magistrate and that of an IAS officer questioning the fact that I was seated in the hall until then. He then went on to enforce that I remained in the hall in standing position till my case was called again for examination of the petitioner's witnesses towards the end of the day's proceedings of the court.
With reference to the honourable Supreme Court Order of 08 December 1981 in Reference 01 and the reiteration of the same in Reference 02 by the Madras High Court in 2015, it is well established that the actions of Mr. Vishnuraj P. is against law and is unacceptable in a civilised society. I do understand that Mr. Vishnuraj and your district administration is deeply disturbed by my revelations of your abetment of the sabotage of "oru nellum oru meenum" policy of the Government of Kerala in Pokkali paddy lands of Chellanam Panchayat. Since the matter in MC 176/2022 is connected to the "oru nellum oru meenum" position, the case will continue to expose your administration's wrongdoing in Chellanam. It is also established through the Contempt of Court proceedings initiated by a farmer from Chellanam Maruvakad Padashekharam, against you in 2021, and your subsequent actions after that, that you are responsible for crushing paddy farming as well as rights of traditional fishermen in Chellanam panchayath. Indeed, the district administration is responsible for the law and order situation in Chellanam from your dereliction of duty. Your administration abstains from using powers under the Kerala Conservation of Paddy Land and Wetland Act of 2008 and the Kerala Land Utilisation Order of 1967. The V4 People Party is committed to ensure that "oru nellum oru meenum" policy is implemented in all Pokkali paddy lands in Kerala and the rights of traditional fishermen is protected - this is our political position.
Given the above background reality and the matter at hand with respect to the order to be maintained in the sub divisional magistrate court, I urge you to instruct your subordinate officer to maintain decorum in the sub divisional magistrate court of Fort Kochi. Quoting the honourable supreme court in Reference 01 - "...the accused shall be permitted to sit down during the trial unless it becomes necessary for the accused to stand up for any specific purpose, as for example, for the purpose of identification..." Any behaviour by the executive magistrate subverting the Supreme Court position on the matter will not be tolerated.
Regards
Nipun Cherian
President, V4 Kochi, V4 People Party
Address:
V4 Kochi, 1234/J1, Mariam Complex,
Thoppumpady, Kochi. PIN: 682005
Contact Number: +91 9495606562
Email: nipuncm@gmail.com