"Pen Down Protest": Kerala High Court Advocates Association To Abstain From Work Tomorrow To Protest Court Fee Hike
The KHCAA is abstaining from work tomorrow by participating to protest against the hike in the Court Fees in Kerala.
In a letter to the Chief Justice of the Kerala High Court today, the KHCAA President Yeshwanth Shenoy called for a ‘Pen Down Protest’ over the increase in Court Fees. The Kerala High Court Advocates Association (KHCAA) argued that this "unilateral act of the State" directly violates Article 21 of the Constitution, which guarantees the right to life and includes access to justice.
The letter suggests that strike day be used by Judges to write judgments in reserved cases. “The KHCAA brings your Lordship's attention to the fact that most courts have "reserved' many Judgments and we hope the Judges will fruitfully use 9 April 2025 to pen down a few Judgements,” the letter read.
A notice was also issued by the Secretary of KHCAA stating, “Members are requested to participate in 'pen down' protest and abstain from Court proceedings on 09.04.2025 in tune with the decision taken by the KHCAA General Body meeting held on 04.04.2025 and also in accordance with the decision taken in the meeting held on 05.04.2025 of all the Bar Associations in the state of Kerala.”
“The Bar and the Bench are the two wheels of the Chariot of Justice and we hope the Bench support the cause that is being raised by the Bar and no adverse orders are passed for non-appearance on 9 April 2025. The cause that the Bar is raising does not directly affect the Bar, but affects millions of people who are not even aware of how their lives will be affected. By this pen down protest, we are only raising awareness of the People to the grave injustice caused to them by the acts of the State,” the letter further stated.
The KHCAA had filed a Writ Petition (PIL) under Article 226 of the Constitution challenging the “arbitrary, unreasonable, exorbitant and exponential” increase in the Court Fees in Kerala.
The KHCAA contested the amendments made to the Kerala Court Fees and Suit Valuation Act, 1959 (1959 Act), through the Kerala Finance Act, 2025 (the Act). The KHCAA argued that by “exponentially increasing the Court Fees by 400 to 9900 %,” the Act prevents access to justice for the common public.
The KHCAA argued, “Court Fees have been hiked by 400 % to 9900 % even in matters relating to Writ Petitions seeking for enforcement of Fundamental Rights, Contempt Proceedings intimating about wilful disobedience of directions issued by the Courts, Criminal Justice Administration, etc. The actions of the Respondents amounts to taxing the litigants and the same is beyond the legislative competence of the State.”
