Lakshadweep crisis: Kerala HC order release of persons protesting against new policies

The Kerala High Court on Tuesday empowered the Chief Judicial Magistrate at Amini, Lakshadweep to order the release of persons protesting against the administration's policies. A division bench of Justices A Muhamed Mustaque and Kauser Edappagath was hearing a plea that claimed that many protesters had not been released on bail even 5 days after they were remanded in custody. An FIR was registered against them for bailable offences under Sections 120B, 143 and 500 of the Indian Penal Code and Section 51(b) of the Disaster Management Act, 2005.

Appearing for the Lakshadweep Administrator, advocate Manu S stated that the protesters were taken into custody after some of them burned effigies of the District Collector and went on hunger strikes. Moreover, he revealed that the Executive Magistrate passed a remand order for 7 days as it was not possible to produce the detainees before the CJM due to a lack of boats for transportation. While he mentioned that the protesters had refused to get released on bail despite the willingness of the Executive Magistrate and the SHO, the petitioner's counsel refuted this contention.

Pronouncing the order on Tuesday, the bench held, "The most important concern for us is the liberty of the persons who are in custody. They shall not be deprived of the means of access to justice. It is appropriate in such circumstance to direct the CJM, Amini, to take up the case of the persons, who have been in custody pursuant to registration of the case by SHO of Kilthan Island by 3 pm today". Directing that the accused persons can be produced before the CJM via video conference, the court asked the latter to order their release on conditions that he may deem fit. Seeking a report from the Executive Magistrate, the HC adjourned the matter to Wednesday.

Opposition cries foul over contentious measures

Multiple opposition parties including Congress, NCP, Makkal Needhi Maiam and CPI(M) have joined hands in seeking the recall of the Lakshadweep Administrator for his purported "anti-people" policies. A BJP leader, Praful Khoda Patel took charge in December 2020 thus becoming the first person from a non-civil service background to be appointed to this post. Defending the contentious rules, the Lakshadweep Collector claimed that the administration wished to develop the Union Territory as the next Maldives. 

Here are some of their concerns: 

• Easing stringent Standard Operating Procedure for COVID-19 led to a rise in COVID-19 cases to the extent that Lakshadweep has the highest test positivity rate
• The Prevention of Anti-Social Activities Act has been notified by the administration which paves the way for preventive detention in a place that records the least number of crimes
• Unemployment has increased manifold after hundreds of people working for the government including 200 marine protection watchers, over 193 contract employees of the Tourism department, and over 190 employees of other departments have been laid off
• The draft Lakshadweep Animal Preservation Regulation seeking to ban the slaughter, transportation, buying and selling of beef products infringes the right of the locals to adequate means of livelihood
• New amendments consist of "unconstitutional rules" such as barring people with two children to contest polls or work in Panchayats
• The destruction of fishing sheds and tools of local fishermen under the Coast Guard policy without giving them any notice plunges them into poverty