LI Network
Published on: October 15, 2023 at 11:31 IST
Litigants do not need to present their cases in court with folded hands and tears, as judges are not akin to gods on the bench, according to a recent observation by Justice PV Kunhikrishnan of Kerala High Court.
The court emphasized that judges are merely carrying out their constitutional duties, and it is within the constitutional rights of litigants and lawyers to argue their cases before the court. While a court is often regarded as a “temple of justice,” there are no deities presiding over the bench, and thus, there is no need for obeisance beyond maintaining decorum.
In the case at hand, litigant Ramla Kabeer had appeared in person before the court to seek the quashing of a first information report (FIR) registered against her.
The FIR alleged offenses under Sections 294(b) (related to uttering obscene language in a public place), 506(i) (criminal intimidation) of the Indian Penal Code (IPC), and Section 120(o) of the Kerala Police Act.
litigant Ramla Kabeer contended that the case was falsely imposed on her by the police. She had initially filed a complaint against a prayer hall that was causing noise pollution in her area. When the Circle Inspector of Police verbally abused her over the phone after being directed to inspect the hall’s activities, she filed a complaint against his behavior. She claimed that the case against her was a retaliatory move by the circle inspector.
After evaluating the arguments and reviewing the final report, the Court found that the alleged offenses were not substantiated and, consequently, quashed the case against Kabeer.
The Court further opined that the FIR was a response to Kabeer’s complaint, prompting a departmental inquiry against the circle inspector.
