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The Executive Magistrate instructed to provide a report listing the individuals who had been detained: Kerala High Court

The Executive Magistrate instructed to provide a report listing the individuals who had been detained by the Kerala High Court in the case of Sayed Mohammed Koya v. U.T. of Lakshadweep (WP(C) No. 11631 of 2021) through a Division Bench of A. Muhamed Mustaque and Kauser Edappagath.

FACTS OF THE CASE

The current petition was submitted in support of those held in connection with a crime that was reported to the police on Lakshadweep Island. The petitioners claimed that even though the matter against them might have been resolved with a bail agreement, the Executive Magistrate had remanded them without good cause.

The SHO and the Executive Magistrate, on the other hand, were ready to release the protestors on bond, but they had declined to do so, according to the Lakshadweep Island’s legal representative. The petitioner’s attorney, however, denied the aforementioned assertion and said that neither the SHO nor the Executive Magistrate had made any such attempt.

JUDGMENT

The Court argued that the protesters shouldn’t be denied the ability to access justice and that the freedom of those who were in detention was the Court’s top priority. In light of the foregoing, the Court instructed the CJM, Amini, to take up the case of demonstrators who were in detention after the SHO of Kilthan Island registered the case by 3 p.m. on the day the order was passed.

The Court further stated that the video conference should be used instead of the CJM requesting the actual physical production of the people held in custody. The CJM was also instructed to free the prisoners upon their own suicide.

The Executive Magistrate was also instructed to provide a report listing the individuals who had been detained in accordance with the registration of the case, the date on which they had been detained, as well as the offences in violation of the penal statutes. The Medical Officer of Kilthan Island was instructed to assess the health of every citizen.

Accordingly, the Court ordered the release of those who had been jailed for demonstrating against the contentious Lakshadweep regulation. The Court declared that the liberty of the people who are being held in captivity is our first priority. They cannot be denied the means to access the justice system.

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JUDGEMENT REVIEWED BY NISHTHA GARHWAL

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