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Kerala lawyer under fire for sexually aggressively moving his hands during virtual hearing
An FIR has been filed against a lawyer of Kerala for sexually violating himself and making sexual gestures while appearing for a hearing through Video congestion.
The incident had taken place on 02nd September this year while advocate TK Ajan had appeared for arguing through video conference before Additional District Judge in Thodupuzha of Idukki and exposed himself indecently.
The Court then pull the plug on the video conference hearing as soon as it commenced.
”When the case which was set for hearing the counsel who appeared for the appellant exposed himself with some gestures, the case was adjourned with a direction that the appellant inform his counsel to appear physically before the court since google meet had been switched off to prevent excess gestures.” The above information is in the order passed by the court on the same day.
The matter was then stood down and will be heard on October 3.
Later a complain was filed by the Bench clerk in the Court and an FIR was registered against the accused-lawyer for offences under Section 79 of Bharatiya Nyaya Sanhita BNS and Section 119 ( 1) (a) of the Kerala Police Act for sexual gestures or acts in public place insulting the modesty of women.
Virtual CourtKerala CourtVideo Conference Additional District Judge of Idukki district More > Thodupuzha Additional District Judge Thodupuzha
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Bombay High Court frowns at signal of justices that only recording of statement of witnesses done on fixed dates
The Court also stated that they should be made without delay and therefore, ordered such Magistrates to withdraw the circulars which contain such set dates.
Three-judge bench comprising of Justice Revati Mohite Dere and Justice Prithviraj K Chavan heard a plea for a proper probe in the sexual assault of a 3-year old minor belonging to the SC category who was abused by her 15-year old neighbor. The so called crime has been reported to have occurred in Saki Naka in Mumbai.
Mrs.Justice Revati Mohite Dere and Mr.Justice Pk Chavan
Criminal Revision No. of 2004 of Maharashtra State at Mumbai is directed by Honourable Justice Revati Mohite Dere and Honourable Justice P.K. Chavan.
The Court today directed that where offences are under Protection of Children from Sexual Offences Act (POCCO), statements must be recorded as soon as the police station concerned demands and the same should be accomplished in at the most four days.
“We deprecate this practice ignoring the urgency that will be there in a given case for recording of statements of victims under section 183 of BNSS. On a requisition made by the police station, it is the duty of the magistrate to ensure that the statement is recorded as early as possible within 3 to 4 days or at the most within 4 days,” the Court further ordered.
The direction was given after the public prosecutor, Hiten Venegaonkar spoke of the practice obtaining in the Mumbai courts in respect of which magistrates fix only two dates a month for recording of statement of witnesses and victims of particular police stations.
In this case the incident happened on the 13th of August, and the police provided a request for a statement the next day on the 15th of August. However, due to the foreseen schedule of Jobber Manufacturing and Fishing Company at Bandra, fixed dates for Saki Naka police station could not record the statement at the time of hearing.
In result, the High Court ordered that the statement be taken before the running of the next day.
In the course of the hearing, the counsel for the petitioner, an advocate Amit Katarnawre petitioned that the police officers handling the case abandoned their duties and even harassed the complainant verbally.
He also accused media of not bringing the crime to the notice of the people although there were patrols from Ministry of Broadcasting regarding reporting any news about weaker sections of the society. He pointed out that if the media had reported the case then it would have lead to suo motu as in the case of Badlapur matter.
The Court pointed out that suo moto action is not taken in all the cases. It appreciated the role of the police by stating that the FIR was filed on the same day of the incident and the accused was arrested on the same day and also medical examinations were conducted on time
‘Every matter is not taken suo moto’ The question is the inaction of the police From the time line it seems there is action Look at the time line (in this case) Action was taken immediately FIR was registered statement was recorded.’
The Court also seen some negligence in its handling of the case and pointed out that prior antecedents as such have to be examined.
While delivering the judgment and after considering the prosecution’s submission saying that show cause notices were issued to five police officers for verbally abusing the complainant, the court orally ordered to served further show cause notices on the accused officers under Section 4 of the Scheduled Caste and Scheduled Tribe( Prevention of Atrocities) Act,1990.
It also directed that compensation under Manodhairya scheme which insulates between ₹3 to 10 lakh for the victims of sexual assault, rape, child sexual abuse and acid attack be paid within one week.
