Judges not gods, no one has to argue before court with folded hands: Kerala HC

Eranakulam: The Kerala High Court has observed that courts are known as temples of justice but judges are "not gods" and there is no need for plaintiffs and lawyers to present before the court with folded hands.

Justice PV Kunhikrishnan said that only politeness should be maintained inside the courtroom. "Usually the court of law is known as ‘temple of justice’. But there is no god sitting in the bench. The judges are doing their constitutional duties and obligations," the Kerala High Court remarked on Friday. The observation of the High Court came in the order cancelling the case proceedings against an Alappuzha resident on Friday.

The petitioner woman had appeared before the Court with 'folded hands and tears in her eyes' to plead her case in person. To which the Court remarked, "...no litigant or lawyer need to argue their case with folded hands before a court of law because it is their constitutional right to argue a case before a court of law".

A complaint was registered against the petitioner by the Inspector of Alappuzha North Police Station. The complaint was registered in the month of April 2019. The complaint was that the petitioner abused the police officer over the phone. But there was a back history to this case. Prior to the complaint from the police officer, the petitioner lodged a complaint with Alappuzha SP stating that the noise from the prayer centre near her house was causing trouble, and as per the instructions of the SP, the SI was entrusted with the investigation.

The petitioner informed the court that the policeman misbehaved with her when she was called to indicate this matter and she had lodged a complaint with the SP in this regard. A copy of the complaint was also produced. The High Court examined the time of the complaint and the time when the case against the petitioner was reported to the Magistrate's Court.

Convinced of the anomaly in timing, the court also found that the police officer's case was a vengeful act against the petitioner in return for the complaint given to the SP. The court also cancelled the case proceedings against the petitioner. The incident in question took place in 2019. At the same time, the court also directed the Alappuzha SP to investigate the background of the case registered against the petitioner. The court also ordered it to take necessary action if there has been a failure on the part of the accused policeman.