Temporary Magistrate Faces Kerala Lawyers' Protest Over Direction To Arrest Advocate

The Bar Council of Kerala (BCK) announced on Monday that it has received assurance from the Judge-in-charge of Malappuram, High Court Judge Justice N. Nagaresh, that the Magistrate who allegedly verbally abused a junior lawyer and directed his arrest, shall be transferred at the earliest. 

Judicial First Class Magistrate (JFCM) on temporary service, Tirur, Lenin Das, was alleged to have verbally accused Advocate Favad Pathoor, for allegedly assisting a witness during chief examination, and went onto direct his removal from Court premises, and arrest by the police. 

Pursuant to the same, the Tirur District Bar Association organized a protest, seeking action against the Magistrate. 

In its letter addressed to Justice Nagaresh, the Tirur Bar Association said, "the Bar, currently enshrouded in agitation, has collectively resolved to vehemently condemn the Magistrate's actions. In solidarity, we've decided to abstain from court proceedings until the Magistrate is either removed or transferred". 

The Association had also convened a General Bar meeting yesterday to deliberate upon the course of action to be undertaken, and further requested the Judge's intervention for a peaceful resolution in the matter. 

Subsequently, the Executive Committee of the Kerala High Court Advocates Association (KHCAA) also issued a resolution expressing its solidarity to the Tirur Bar Association. 

"The Committee is deeply disturbed by the Ld. Magistrate's attempt to remand the lawyer on allegations of assisting a witness, a move that can only be viewed with both anguish and shock. The expulsion of the lawyer from the courtroom accompanied by the use of derogatory language raises serious concerns about the conduct of the said Magistrate," the resolution reads. 

It added that there were several other such complaints before the Kerala High Court regarding the Magistrate's inappropriate behavior towards lawyers, both inside the courtroom and within his chamber. The Committee reminded that such conduct was not in line with that expected from a judicial officer. 

Taking note that the Magistrate was serving in a temporary capacity, the KHCAA Executive Committee proceeded to express its concern regarding the procedure for appointing serving employees to judicial service as Temporary Magistrates.

"The Association believes that the revered duties of a judicial officer should be entrusted to qualified professionals capable of upholding the dignity and decorum expected in a courtroom. In light of the above, the Association urgently appeals to the Hon’ble High Court of Kerala to take decisive action against the Judicial First Class Magistrate for his unbecoming behavior inside the courtroom and his reported use of abusive language against lawyers in his chamber. In addition to the above, we urge the Hon’ble High Court to reconsider the practice of appointing Temporary Magistrates and instead to take steps to appoint qualified Advocates, who can effectively discharge judicial duties," the resolution further states. 

It is in furtherance of the above, the BCK Chairman Advocate Anil Kumar K.N. issued the letter to Tirur Bar Association that the former had interfered in the matter and "...got assurance from Judge-in- charge of Malappuram, Hon'ble Mr. Justice N. Nagaresh, Judge, High Court of Kerala that the alleged Magistrate will be transferred from Tirur at the earliest". 

The BCK has also assured that the matter would be followed up by the Council until an appropriate decision was taken by the High Court.