INDIA: Government pleader leads criminals to demolish houses in Kerala

Dear friends,

The Asian Human Rights Commission (AHRC) has received information from its local partner Nervazhi, a local human rights organisation based in Thrissur, Kerala that the government pleader (Lawyer) attached to the local civil court with a group of criminals have trespassed onto private property and demolished houses to in order to settle private disputes. It is also alleged that the local police in spite of being informed about the incident refrained from taking action against the lawyer and his gang until the local people protested by blocking the road with a sit-in.

CASE DETAILS:

According to the information received, on 11 April 2007, Mr. Akbar, the government pleader attached to the local civil courts of Kodungaloor, in Thrissur district, Kerala state led a team of ruffians to demolish houses occupied by aged, sick and destitute persons in Kodungaloor town. It is alleged that among several houses demolished one was occupied by Ms. Janaki, an 82 year old widow and her mentally and physically challenged daughter, Ambili. The house was completely destroyed but fortunately Janaki and Ambili escaped unhurt. The houses demolished by the lawyer and his gang also include the house belonging to 87 year old Ms. Omana. It is alleged that the demolition was carried out under the pretext of a court order.

It is reported that at about 7am the lawyer and his gang, consisting of members of a local fitness club, arrived at the scene and started demolishing the houses. The houses are located near the Chandapura Craft Hospital and have been occupied by the residents for the past 50 years or more. It is reported that some of houses were ordered to be evicted by the court and that the residents had vacated the houses in advance. However the house occupied by Janaki and Omana were free from the court’s order.

The local residents, who were terrified by the illegal act of the lawyer and his gang, immediately contacted the Kodungaloor Police Station. But the police refrained from taking any action on the pretext that the demolition was carried out on the basis of a court order and that the matter is the subject of a civil dispute. As the police refrained from intervening, the lawyer and his gang continued their rampage and destroyed neighbouring houses that were not included in the court’s order. The local people continued to request the local police to intervene and when the police refused to take any action the people gathered on the public road and blocked the traffic. It was only then that the police lead by Sub Inspector Mr. Sinoj arrived in the scene and arrested the lawyer and his gang.

It is reported that Janaki and Ambili who were shocked by the incident escaped without being hurt by sheer luck. Ambili, Janaki’s daughter is physically challenged that she is unable to walk and move around without help and unable to speak. Janaki reported that while she and her daughter were inside the house they heard people shouting at them in abusive language and threatening them to come out. Soon they heard sounds of things being demolished and found that portions of their house being ripped off. Janaki rushed outside leaving her sick daughter inside the house and pleaded with the lawyer and his gang not to destroy their house and other houses. However the lawyer and his gang continued the destruction. Janaki rushed inside the house and being unable to help her daughter out from the house stayed inside holding her sick daughter close to her. By the time the police intervened all that remained of their house was a piece of a wall. Janaki claims that if that wall too had collapsed, it would have fallen on them, possible seriously injuring or even killing them.

It is reported that the local police who took the lawyer and his gang into custody did not register a case against them until late yesterday night (12 April). The case has been reported in regional news papers and the local people are continuing to protest against the incident.

BACKGROUND INFORMATION:

A government pleader is a lawyer appointed by the state government at the pleasure of the ministry to defend the government in civil litigations. In most cases these are lawyers who pledge allegiance to the political party in power. Most often such recruitments are made from the local cadre of the political party. Some of these lawyers are also appointed as senior public prosecutors who are in theory to defend the victims in criminal cases and prosecute the accused. However, owing to wide corruption and nepotism such appointments are reserved for those who toe the party line and as a result conduct cases to help political party cadres. A detailed discussion about this issue is available as an article in article2 titled Broken-down prosecutors, thrown-out victims.

SUGGESTED ACTION:
Please write letters to the concerned authorities listed below and urge them to bring the perpetrators to justice for their acts. The government pleader must be immediately removed from service and suspended from active legal practice. Please write to the Chairperson of the Bar Council of Kerala asking for an impartial inquiry into the incident and, as mentioned, also calling for the suspension of the lawyer from active legal practice if he found guilty of the incident. The AHRC is also writing a separate letter to Mr. Leandro DESPOUY, the UN Special Rapporteur on the independence of judges and lawyers.

To support this case, please click here: SEND APPEAL LETTER