Assault On Advocate Can't Be Viewed Lightly, Impacts Fundamental Right Of Access To Justice: Kerala High Court
The Kerala High Court has observed that any attack on an advocate for carrying out professional duties poses a direct threat to the rule of law and access to justice. It thus refused anticipatory bail to nine accused in an assault case involving a practicing advocate.
Justice Bechu Kurian Thomas observed,
“ Assaulting an Advocate for drafting a complaint cannot be viewed lightly. The fundamental right to have access to courts of law is enabled largely through Advocates. If Advocates are attacked for drafting complaints rule of law will suffer.”
The petitioners allegedly assaulted a lawyer for drafting a complaint against them on behalf of his client.
The Court has found prima facie evidence of serious injuries to the lawyer, including rib and spinal fractures, allegedly caused by a dangerous weapon. It ruled that custodial interrogation was necessary to investigate the motive and recover the weapon of offence.
"It is evident from a reading of the said complaint that the first petitioner is the first opposite party in the said complaint. The said circumstance indicates a motive for the alleged assault on the defacto complainant," it observed.
Relying on the decision in P Krishna Mohan Reddy v The State of Andhra Pradesh, (2025 LiveLaw SC 598), which held that pre- arrest bail can dilute the effectiveness of custodial interrogation, the court held that custodial interrogation was necessary.
Thus, the anticipatory bail was dismissed.
CaseTitle - Riyas and Ors v State of Kerala and Ors
Case No - Bail Appl. 7805/ 2025
Citation - 2025 LiveLaw (Ker) 447
Counsel for Petitioner - Dipu James, A AL Fayad, K M Firoz
Counsel for Respondents - Najah Ebrahim V P, T Shajith, Noushad K A - PP