What happens when a law-keeper himself is accused of breaking it? Karnataka police found themselves in a predicament of sorts after a First Class Judicial Magistrate from Kerala 'broke' the law.
The Mangaluru police were then left with no option but to write to the Registrar of the Kerala High Court as well as the Principal Judge of the Kasargod District Court, seeking directions on dealing with Magistrate Unnikrishnan who is a sitting First Class Judicial Magistrate.
Following this, Kasargod District Judge S Manoj Kinny on Monday submitted his report to the Kerala HC Registrar, along with copies of both newspaper reports and the FIRs filed in the two cases registered against the errant Magistrate.
The report says that Unnikrishnan had taken permission from the Chief Judicial Magistrate to visit his hometown in Thrissur. Rules mandate that a Judicial Officer can leave the state only if the High Court permits him or her to do so. Unnikrishnan was however taken into custody from Sullia which is in neighbouring Karnataka.
It was on Sunday in Suliya town that an inebriated Unnikrishnan reportedly abused and assaulted an auto-rickshaw driver as well as the police who tried to intervene in the case.
He was booked on charges of criminal intimidation, causing voluntary hurt and breach of peace, wrongful restraint, and preventing a public servant from performing his duty.
The two cases against Unnikrishnan were filed by auto-driver Abu Backer and police constable Sajeeva respectively.
Speaking to The News Minute, former legislator and advocate Dr. Sebastian Paul opined that the law would take its due course in the matter, and that a sitting magistrate did not enjoy any sort of immunity in this regard.
“Indian law does not offer immunity of any kind to anyone other than the President of India in such matters. And as the accused is a sitting Magistrate, he comes under the direct administrative control of the district judge. Since the police have already approached the Kerala High Court for further directions, the HC in all probability will place him under suspension, while the police are allowed to go ahead with the probe.”
According to Paul, the police also have the option of proceeding with the case, without approaching the High Court. There is no scope for any laxity in the matter, and justice is sure to be served, he added.