The Kerala High Court on Friday directed its registry to identify and trace a lawyer who allegedly interacted with a six-year-old child appearing before the court in a child custody case, despite a specific prohibition from the bench. The division bench of Justices Nisha Banu and Shoba Annamma Eapen instructed the registry to seek assistance from the Kerala High Court Advocates’ Association, the Bar Council of Kerala, or any other relevant organization to locate the lawyer.
Background of the Case
The child appeared before the court along with his mother, following an earlier order that required her to produce the child for an interaction with the bench while deciding the custody dispute. The court had previously clarified that the father need not be present on Friday. When the matter was taken up in the morning, the bench directed that the child be brought to the chamber at 11:45 am for the interaction.
Incident in the Courtroom
However, when the child was called to the chamber, he was reluctant to enter alone and appeared restless and emotionally distressed. Upon inquiring about the reason, the court was informed that while the boy was seated with his mother and counsel in the last row of the courtroom, an unidentified lawyer had approached him and told him that his father was waiting outside. When the mother’s counsel questioned the lawyer, the lawyer left the courtroom and took the escalator to the second floor.
Court's Findings
After examining the recording of the courtroom proceedings and CCTV footage, the court was satisfied that an unidentified lawyer had entered the courtroom and spoken to the child. Security personnel informed the court that the child’s father had been present on the court premises in the morning. Both the petitioner’s and respondent’s counsel stated that they were unaware of the identity of the lawyer concerned.
Court's Response
Taking serious note of the incident, the court expressed its deep displeasure. The bench adjourned the petition to June 19 and directed the registry to submit a report on the identification and tracing of the lawyer.
