In a significant development with major political implications, the Kerala High Court on Saturday provided interim protection to Congress legislator Rahul Mamkootathil, restraining the police from arresting him in a sexual assault case until December 15. This order comes just two days before the first phase of the crucial local body elections in the state.
Court's Interim Order and Key Observations
Justice K Babu issued the interim order while considering the pre-arrest bail petition filed by the Palakkad MLA. The court adjourned the plea for a detailed hearing on December 15 and directed the director general of prosecution to produce the case diary. The High Court noted the serious contentions raised by the petitioner's legal team.
During the hearing, the court made an oral observation that "the petitioner had raised very serious contentions. Admittedly, there was a consensual relationship. No man shall be condemned unless heard." This remark forms a critical part of the interim relief granted to the politician.
MLA's Arguments and Allegations of Political Motive
In his petition, Mamkootathil argued that the complainant, a married woman, was fully aware of her marital status. He contended that the offence of rape is not applicable as the relationship was consensual. The MLA admitted to having a close relationship with the woman, who is separated from her husband.
He raised serious allegations of political influence in the investigation. Mamkootathil pointed out that the complaint was belatedly submitted directly to the Chief Minister instead of being filed before the competent authority. He also stated that the First Information Report (FIR) and First Information Statement (FIS) have not yet been provided to him, and he accused the police of attempting to arrest him even before collecting evidence.
The Congress leader further claimed that trust issues arose between him and the complainant after certain private voice clips of their conversations were leaked. Both initially decided against publicising the matter. However, due to media and social media intervention, what he termed "wild materials" began circulating publicly.
Case Background and Previous Court Proceedings
Mamkootathil approached the High Court after the Thiruvananthapuram sessions court dismissed his anticipatory bail plea on Thursday. The case was registered at the Nemom police station based on a complaint that was initially submitted to the Chief Minister's office and later forwarded to the police.
The police have registered offences under sections including rape and coercive termination of pregnancy. The MLA has denied all these charges. In his petition, he alleged that as a politician, others were attempting to exploit the situation ahead of the upcoming local body elections. He also claimed the complainant, distressed by the media attention, felt compelled to disown the relationship to protect herself, which ultimately led to the filing of the case.
The High Court's decision to grant interim protection until December 15 provides a major political respite to the Congress party and its candidate during the final campaign phase for the local body elections. The detailed hearing on the anticipatory bail plea is now scheduled for next week.
