Kerala High Court Lawyers Express Concern Over Supreme Court Criticizing HC For Directly Entertaining Anticipatory Bail Pleas

Kerala High Court lawyers have expressed concern over Supreme Court's recent observation in Mohammed Rasal. C & Another v. State of Kerala critising the Kerala High Court for directly entertaining anticipatory bail pleas under Section 482 of the BNSS (formerly, Section 438 CrPC) which confers concurrent jurisdiction on sessions courts and high court.A resolution was moved by Adv. M.P. Madhavankutty and undersigned by 165 members of the Kerala High Court Advocates' Association (KHCAA). The resolution notes that the legislature had provided concurrent powers to the High Court and the Sessions Court under Cr.P.C. and even when the new Act was enacted.According to the resolution moved before the KHCAA, it is stated, "lawyer fraternity has a duty to impress the Supreme Court regarding the actual state of affairs...As officers of the court and members of the bar, it is our bounden duty to defend the existing legal system."The KHCAA has, thus, decided to convene an Extra Ordinary General Body Meeting on Tuesday (October 21) at 1:05 p.m. in the Association Hall.The agenda of the meeting is to decide discuss the request in the resolution asking the Executive Committee and the General Body to ensure that the KHCAA is adequately represented by a senior counsel before the Supreme Court in Mohammed Rasal. C & Another v. State of Kerala [SLP (Crl.) No. 6588/2025], where notice has been issued to the Kerala High Court. "The attempt now made by the Honorable Supreme Court appears to be an act of judicial overreach, interfering with the powers granted to the High Court by the legislature and thereby threatening the fundamental rights of citizens across the state and the nation as a whole," the resolution says.On Wednesday, the amicus curiae in the case had submitted a report saying that High Courts should directly entertain anticipatory bail pleas only in four circumstances.Last month, in Venu Gopalakrishnan and Ors. v. State of Kerala and Anr., the Kerala High Court, relying on precedents currently in force, had clarified that anticipatory bail applications can be entertained by the High Courts under Section 482 BNSS and there is no need for parties to first approach the Sessions Court in light of the precedents in the case.In the resolution, it is noted that the Advocate on Record [AOR] representing the Kerala High Court had submitted notes regarding statistics about the anticipatory bail applications before the Kerala High Court.Click to Read/Download Resolution

Kerala High Court Lawyers Express Concern Over Supreme Court Criticizing HC For Directly Entertaining Anticipatory Bail Pleas

K. Salma Jennath

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