2026 Supreme(Online)(Ker) 10701
IN THE HIGH COURT OF KERALA AT ERNAKULAM
N.NAGARESH, J
.......... .......... .......... – Appellant
Versus
STATE OF KERALA REPRESENTED BY ITS CHIEF SECRETARY GOVERNMENT SECRETARIAT – Respondent
WP(C) NO. 7271 OF 2024
For the Appellants/Petitioners: SHRI.SANTHOSH MATHEW (SR.), SRI.ARUN THOMAS, SMT.KARTHIKA MARIA, SMT.VEENA RAVEENDRAN, SRI.ANIL SEBASTIAN PULICKEL, SHRI.SHINTO MATHEW ABRAHAM, SHRI.MATHEW NEVIN THOMAS, SHRI.KARTHIK RAJAGOPAL, SHRI.KURIAN ANTONY MATHEW, SHRI.JOE S. ADHIKARAM
For the Respondents: SRI.B.UNNIKRISHNA KAIMAL, SRI.LEO LUKOSE, SRI.MANU GOVIND, SRI.A.JAYASANKAR, SRI.C.E.UNNIKRISHNAN,SPECIAL GOVERNMENT PLEADER
The right of advocates to practice law is protected under the Advocates Act, and abuse of legal process against them undermines justice.
Headnote:Statute Analysis: The provisions of the Advocates Act, particularly Section 30 safeguarding the rights of advocates to practice law, are violated in this case. Facts of the Case: The 1st petitioner, a seasoned Advocate, faced harassment and false allegations from the 12th respondent, leading to numerous unsubstantiated complaints.
Findings of Court:
The Court notes a pattern of malicious intent by the 12th respondent, impacting the constitutional rights of the petitioners.
Issues: The Court considers whether actions of the 12th respondent amount to abuse of judicial process.
Ratio Decidendi: The Court found prima facie evidence of abuse of process, suggesting need for judicial authorities to be aware of prior complaints.
Result: The writ petition is disposed of with directions for disclosure of previous complaints in future filings by the 12th respondent.
| Table of Content |
|---|
| 1. advocate facing harassment and false allegations (Para 1 , 2) |
| 2. violations of constitutional rights due to harassment (Para 3 , 4 , 5) |
| 3. abuse of process of court noted (Para 6 , 7 , 8) |
| 4. directive for future complaint filings (Para 9) |
JUDGMENT
The petitioners state that 1st petitioner is a seasoned Advocate with 27 years of experience. He has been subjected to unwarranted harassment and false allegations by the 12th respondent. Despite diligently representing the respondent in civil cases, the 1st petitioner faced verbal abuse and violence when advising the 12th respondent on unrelated criminal matters. After severing professional ties, the 12th respondent trespassed into the 1st petitioner's office in the presence of petitioners 2 and 3, vandalizing property and started filing numerous baseless complaints before various authorities, leading to criminal charges.
2. Investigations consistently exonerated the 1st petitioner, revealing a pattern of malicious intent. This behaviour extends beyond the 1st petitioner, targeting other reputable individuals, Advocates, Police officials, 1st petitioner's clients, etc. This highlights the urgent need to address such harassment and false accusations, emphasizing the importance of integrity and justice within legal proceedings.
3. This egregious behaviour of the 12th respondent, extending over nine years, flagrantly violates the petitioners' constitutional rights, including those enshrined in Articles 14, 19(1)(g), 20 and 21. The 12th respondent's actions infringe upon the petitioners' right to life and personal liberty, as guaranteed by Article 21. Yet law enforcement authorities have failed to intervene effectively. The 1st petitioner, an Advocate, who is a deemed officer of this Court, now finds it hard to carry out duties because of this atrocities instigated by the 12th respondent.
4. Moreover, the filing of unfounded complaints lacking substantiating evidence, amounts to abuse of the legal process. Given the absence of specific laws safeguarding Advocates from such harassment, the Court's intervention is warranted to address this grave injustice, contends the petitioner. Despite repeated Court's observations against the 12th respondent, responsible officers' failure to prevent such false litigations underscores the urgent need for legal recourse. The illegal actions of the 12th respondent gravely obstruct the 1st petitioner's right to practise law.
5. Such actions, perpetrated by the 12th respondent, flagrantly violate the provision of Section 30 of the Advocates Act , which safeguards the rights of Advocates to carry out their professional duties unhindered. As per Section 6(d) of the , the Bar Council is having the duty and responsibility to safeguard the rights, privileges and interest of the Advocates, but it is denied in the present case to the 1st petitioner.
6. I have heard the learned counsel for the petitioners, the learned Government Pleader representing respondents 1, 2 and 7 to 10, learned Standing Counsel appearing for respondents 3 and 13 and the learned counsel appearing for the 12th respondent.
7. When this writ petition came up for hearing on 17.11.2025, this Court passed an interim order to the following effect:
“Having gone through the pleadings, the counter affidavit, the documents on record and on hearing the learned Senior Counsel appearing for the petitioners, the learned Special Government Pleader for the State, the learned Standing Counsel for the High Court and the learned Counsel appearing for the 12th respondent, I find prima facie substance in the contention that the complaints filed by the 12th respondent repeatedly amounts to abuse of process of court. The problem is that there is no provision for preventing persons like the 12th respondent from approaching the Police or the Court repeatedly raising the same allegations. The solution lies in the court imposing cost or taking appropriate action if the allegations in the complaint are ultim