The Supreme Court of India has expunged remarks made by the Kerala High Court against a woman who accused Congress MLA Rahul Mamkootathil of rape and forced abortion. However, the apex court refused to cancel the anticipatory bail granted to him.
The High Court, in its February 12 order granting anticipatory bail, had made a series of observations on the complainant’s conduct. Justice Kauser Edappagath noted that if consensual relationships between married persons are legally permissible, “what is wrong in an unmarried man having consensual sexual relationship with so many persons?” and questioned how such factors could justify denial of bail.
Further, the court noted that since the complainant has visited and stayed at the flat of the accused person for two days after the alleged assault, such conduct “prima facie suggests the existence of a consensual sexual relationship.” Relying on WhatsApp chats, it further concluded that the complainant appeared to have voluntarily consumed abortion pills supplied by a co-accused. While granting bail, the judge stressed that “law and morality are not equivalent” and cautioned against treating every failed relationship as rape.
Challenging these observations, the complainant’s counsel, Subhash Chandran KR, sought the cancelling of the bail and argued before the Supreme Court that the High Court had exceeded the limited scope of a bail hearing and effectively conducted a “mini-trial”, which could prejudice the case and cast aspersions on the complainant’s character.
Taking note of this, a Bench comprising Justices MM Sundresh and NK Singh held that such remarks were unnecessary and ordered them to be expunged.
The complainant had filed the petition citing multiple allegations of sexual assault against Mamkootathil involving nearly ten individuals, including a minor. The plea argued that the grant of anticipatory bail was legally untenable and raised concerns about potential misuse of political influence.
In his anticipatory bail application, Rahul Mamkootathil admitted to having a physical relationship with the complainant but maintained it was consensual, describing the case as politically motivated. The complainant, however, alleged that the abuse was part of a systematic pattern of violence and coercion.
Her petition also highlighted ongoing online harassment and attempts to reveal her identity, alleging that the accused’s position could be used to intimidate her.
Rahul Mamkootathil is currently facing three separate rape cases.
Amid mounting legal battles and speculation over his political future, the expelled Congress MLA has said he will not contest the Palakkad Assembly constituency as an independent candidate in the upcoming Kerala Assembly elections.