Requires Special Attention: Kerala High Court Directs Constitution Of Lakshadweep Judicial Administration And Infrastructure Committee

The Kerala High Court has directed the constitution of Lakshadweep Judicial Administration and Infrastructure Committee to address the infrastructure and other issues pertaining to the administration of justice in the Lakshadweep Islands.

A Writ Petition was filed by an Advocate and resident of Kalpeni Island, for the appointment of Public Prosecutors, the setting up of Family Courts, and for other directions.

A Division Bench comprising Chief Justice Nitin Jamdar and Justice Ziyad Rahman A.A. observed, “In summary, as emphasised earlier, the unique topography, history, societal evolution, and customary laws of the Lakshadweep Islands require special attention to their judicial administration and infrastructure. Implementation of video conferencing and e-filing in courts is necessary due to the geographic and weather-related difficulties, along with inter-island communication challenges. Out of 36 islands, only one has a District Court, one has a Sub Court and one has a Munsiff Court, with substantial distances between them.”

The Bench said that the population of the Lakshadweep Islands is low compared to other States in the country and the volume of litigation is correspondingly small, the crime rate is extremely low, and the islanders enjoy a peaceful coexistence with strong social structure; however, access to justice and the benefit of social welfare measures is the right of every Indian citizen, irrespective of the size of the population among whom they live.

Standing Counsel R. V. Sreejith represented the Lakshadweep Administration, Advocate K.R. Ganesh represented the High Court Administration, Advocate E. C. Ahamed Fazil represented the Lakshadweep Bar Association, Central Government Counsel (CGC) T. V. Vinu, Advocate Adarsh Kumar, Amicus Curiae Enoch David Simon Joel, and Aashique Akthar Hajjigothi represented the other Respondents.

Background

Lakshadweep, an archipelago of islands off the west coast of Kerala in the Arabian Sea, falls under the jurisdiction of the Kerala High Court. The issues concerning the administration of justice in the Union Territory of Lakshadweep were the subject matter of the Petition before the Court. Lakshadweep consists of 36 islands, 12 atolls, three reefs, and five submerged banks. The District Court for Lakshadweep is at Kavaratti. The monsoon prevails in the region from around May 15 to September 15, during which inter-island transportation is severely affected by turbulent seas. The islands are scattered and separated from each other, with Courts functioning on only three of the thirty-six islands. The distances between them are considerable, with ship as the only available means of transport.

This unique topography and isolation of Lakshadweep islands present significant challenges to the effective administration of justice. In July 2020, the Petition was filed and a counter Affidavit was filed by the Administration of the Union Territory (UT Administration). The Division Bench directed the UT Administration and High Court Administration to provide details of the Courts functioning in the UT, the number of cases filed and disposed of, the stage of cases over the last two years, and the details of Family Court cases. The Petition thereafter remained pending. Thereafter, the Writ Petition was converted into a suo motu Writ Petition titled “Re: Infrastructural and Other Issues Relating to Administration of Justice in the Lakshadweep Islands”.

Court’s Observations

The High Court in the above regard, emphasised, “When the judicial infrastructure in other States, including Kerala, is being strengthened and digital initiatives are being launched, the Lakshadweep Islands have to be included in the fold of this movement. It is in this context that the digital initiatives would have a direct impact on the lives of the residents. Let not the limited size of the Union Territory be a reason for overlooking its requirements.”

The Court noted that with the positive stand taken by the Union Territory Administration during the hearing of the Petition and in the meetings, many issues were resolved by consensus of UT Administration and the High Court Administration.

“Pursuant to our directions over the last six months, joint meetings were held, the officers met, discussed the issues, found solutions, and evolved timelines. The progress over the last six months achieved through this methodology and by consensus has been heartening. We are of the opinion that these continued efforts and co ordination between the High Court Administration, the Legal Services Authority, and the UT Administration will bring about a tangible and effective change at the ground level in the Union Territory. However, for long-term solutions, these informal initiatives need to be formalised in the form of a permanent committee - “Lakshadweep Judicial Administration and Infrastructure Committee”, it remarked.

The Court was of the view that though not formally made a part of this Committee, the office bearers of the Advocates’ Association should generally be invited to attend its meetings as Advocates can provide valuable inputs as regards the Court infrastructure as they are closely connected with the litigants.

“Their familiarity with the unique problems of the islanders will also help the members of the Committee in its task to take informed decisions. Since the Portfolio Judge for the district may change from time to time, for the sake of continuity of these measures, the Chief Justice may nominate one High Court Judge for the purpose of monitoring along with the Portfolio Judge. Guidance can be provided by the Portfolio Judge and the nominated Judge”, it added.

The Court further clarified that the formal orders establishing the Committee can be issued by the UT Administration and the High Court Administration and in case any intervention of the Court is required, the Co-ordinator of the Committee can approach the Court, by filing an application.

Court’s Directions

The Court, therefore, issued the following directions –

(A) The Lakshadweep Judicial Administration and Infrastructure Committee is constituted to address the infrastructure and other issues pertaining to the administration of justice in the Lakshadweep Islands.

(B) The Administration of the Union Territory of Lakshadweep and the High Court Administration, within three weeks, will accordingly issue necessary orders.

(C) The Co-ordinator of the Lakshadweep Judicial Administration and Infrastructure Committee will be the Principal District Judge, Kavaratti.

(D) The Lakshadweep Judicial Administration and Infrastructure Committee may, at its discretion, invite other stakeholders to attend any of its meetings.

(E) The Lakshadweep Judicial Administration and Infrastructure Committee will hold periodical meetings to review the progress of various initiatives, at least three times a year, physically or online.

(F) The Lakshadweep Judicial Administration and Infrastructure Committee will endeavour to decide the issues by way of consensus, and steps for implementation will be taken within the time limits determined by the Committee.

(G) The report of the meetings will be placed before the Portfolio Judge and the nominated Judge.

(H) The Portfolio Judge and the nominated Judge can also call for a meeting of this Committee if so require.

Accordingly, the High Court disposed of the Writ Petition and issued necessary directions.

Cause Title- Suo Motu v. Union of India & Ors. (Neutral Citation: 2025:KER:63497)

Appearance:

Standing Counsel R. V. Sreejith, Sajith Kumar, CGC T. V. Vinu, Advocates K.R. Ganesh, E. C. Ahamed Fazil, Adarsh Kumar, Amicus Curiae Enoch David Simon Joel, and Aashique Akthar Hajjigothi, Elvin Peter P.J., Sabu George, Sidharth Sudheer, Shashank Devan, K.P.S. Jalaluddeen Mohmed, P.B. Subramanyan, B. Anusree, Manu Vyasan Peter, Meera P., Aiswarya Mohan, and Chitra Johnson.

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