The Kerala High Court on Saturday provided interim relief to suspended Congress legislator Rahul Mamkootathil, staying his arrest in a serious rape case. The Palakkad MLA, who has been absconding for ten days, secured this order as the court agreed to consider his plea for anticipatory bail in detail at a later hearing.
Court Proceedings and Legal Maneuvers
A bench presided over by Justice K. Babu issued the order staying the arrest after hearing the MLA's petition. The court clarified that detailed arguments on the anticipatory bail plea would be heard shortly. This development came after Mamkootathil's initial application for pre-arrest bail was rejected by the Thiruvananthapuram Principal Sessions Court, prompting him to approach the High Court. The matter is now scheduled for a further hearing on 15 December.
However, in a parallel legal battle, a sessions court on the same day declined to grant interim protection from arrest to the expelled MLA in a second, separate rape case registered against him. That court has called for a report from the police and listed his anticipatory bail plea for hearing on Monday, according to his lawyer, Ajithkumar (Sasthamangalam). Notably, the plea in the second case was filed less than an hour after the High Court's decision.
Serious Allegations and Charges
The primary case stems from a formal complaint filed by a woman with the Thiruvananthapuram Police. The complaint alleges sexual assault, rape under the pretext of marriage, and forced abortion. Initially registered at the Nedumangad Valiyamala Police Station, the First Information Report (FIR) was transferred to the Nemom Police Station as the alleged incidents fell within its jurisdiction.
The charges are severe and extensive, filed under eight non-bailable sections of the Bharatiya Nyaya Sanhita (BNS) 2023 and the IT Act:
- Section 64 for rape
- Section 64(2) for repeatedly committing rape on the same woman
- Section 64(f) for rape by a person in a position of trust
- Section 64(h) for rape on a woman knowing she is pregnant
- Section 64(m) for repeated rape on the same woman
- Section 89 for causing miscarriage without the woman's consent
- BNS 316 for criminal breach of trust
- Section 68(e) of the Information Technology Act for transmitting offensive digital content
Collectively, these offences carry potential penalties ranging from ten years to life imprisonment.
Political Fallout and Reactions
The case has triggered significant political repercussions. Kerala Chief Minister Pinarayi Vijayan launched a sharp attack on the Congress party, accusing it of shielding the MLA despite being aware of his alleged "severe sexual perversion" and the shocking nature of the accusations. Vijayan labelled the party's delayed action a disgrace to its legacy.
Responding to the mounting pressure and seriousness of the charges, the Congress party first suspended and then expelled Rahul Mamkootathil from its ranks. Kerala Pradesh Congress Committee (KPCC) president Sunny Joseph confirmed the MLA's expulsion following the registration of the cases.
As the legal processes unfold in both the High Court and the sessions court, the suspended and expelled MLA continues to remain at large, with the next key court date set for mid-December.
