Kerala High Court
Suo Motu vs Union Of India on 21 August, 2025
W. P. (C) No. 7547 of 2025
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE THE CHIEF JUSTICE MR. NITIN JAMDAR
&
THE HONOURABLE MR. JUSTICE ZIYAD RAHMAN A.A.
THURSDAY, THE 21ST DAY OF AUGUST 2025 / 30TH SRAVANA, 1947
WP(C) NO. 7547 OF 2025
PETITIONER/S:
SUO MOTU
WRIT PETITION INITIATED BY THE HIGH COURT IN RE:
INFRASTRUCTURAL AND OTHER ISSUES RELATING TO
ADMINISTRATION OF JUSTICE IN THE LAKSHADWEEP
ISLANDS
RESPONDENT/S:
1 UNION OF INDIA,
MINISTRY OF LAW & JUSTICE REP BY ITS SECRETARY,
4TH FLOOR, A-WING, SHASTRI BHAVAN, NEW DELHI.,
PIN - 110001
2 THE ADMINISTRATOR,
UNION TERRITORY OF LAKSHADWEEP, SECRETARIAT
BUILDING, KAVARATTI, LAKSHADWEEP., PIN - 682555
3 THE DISTRICT COLLECTOR, UNION TERRITORY OF
LAKSHADWEEP
UNION TERRITORY OF LAKSHADWEEP, 1ST FLOOR,
COLLECTOR'S BLOCK, SECRETARIAT, KAVARATTI,
LAKSHADWEEP, PIN - 682555
4 THE ADDITIONAL DISTRICT MAGISTRATE
UNION TERRITORY OF LAKSHADWEEP, DISTRICT
COLLECTORATE, KAVARATTI, LAKSHADWEEP., PIN -
682555
5 THE HIGH COURT OF KERALA
REP BY ITS REGISTRAR GENERAL, HIGH COURT ROAD,
MARINE DRIVE, KOCHI, PIN - 682031
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6 THE LAKSHADWEEP STATE LEGAL SERVICE AUTHORITY
LOCATED AT THE DISTRICT & SESSIONS COURT
BUILDING, KAVARATTI, LAKSHADWEEP., PIN - 682555
7 ADV.C.N.NOORUL HIDAYA
AGED 36 YEARS
D/O C.P.MULLAKOYA, CHERIYANANLLAL HOUSE, KALPENI
ISLAND, UNION TERRITORY OF LAKSHADWEEP, PIN -
682557
8 THE LAKSHADWEEP BAR ASSOCIATION
KAVARATTI ISLAND, UNION TERRITORY OF LAKSHADWEEP,
REPRESENTED BY ITS SECRETARY, PK SALEEM, S/O.
LATE KIDAVE, AGED 44 YEARS, KAVARATTI ISLAND,
LAKSHADWEEP - 682 555. ADDL.R8 IS IMPLEADED AS
PER ORDER DATED 03/04/2025 IN IA 1/2025 IN WP(C)
7547/2025.
BY ADVS.
SAJITH KUMAR V., SC, LAKSHADWEEP ADMINISTRATION
R.V.SREEJITH, SC, U.T.ADMINISTRATION OF
LAKSHADWEEP
K. R. GANESH
ADARSH KUMAR
E.C.AHAMED FAZIL
ENOCH DAVID SIMON JOEL, AMICUS CURIAE
AASHIQUE AKTHAR HAJJIGOTHI, AMICUS CURIAE
T. V. VINU, CGC
ELVIN PETER P.J. (SR.)
SABU GEORGE
SIDHARTH SUDHEER
SHASHANK DEVAN
K.P.S.JALALUDDEEN MOHMMED
MINI GOPINATH
P.B.SUBRAMANYAN
B.ANUSREE
MANU VYASAN PETER
MEERA P.
AISWARYA MOHAN
CHITRA JOHNSON
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD
ON 04.07.2025, THE COURT ON 21.08.2025 DELIVERED THE
FOLLOWING:
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C. R.
JUDGMENT
Dated this the 21th day of August, 2025
Nitin Jamdar, C. J.
Introduction
Lakshadweep, an archipelago of islands off the west coast of
Kerala in the Arabian Sea, falls under the jurisdiction of the High
Court of Kerala. The issues concerning the administration of justice in
the Union Territory of Lakshadweep are the subject matter of this
petition.
2. Lakshadweep consists of 36 islands, 12 atolls, three reefs, and five
submerged banks. Inhabited islands are Agatti, Amini, Andrott, Bitra,
Chetlat, Kadmat, Kalpeni, Kavaratti, Kiltan, and Minicoy. The
uninhabited islands are Viringili, Cheriyam, Kodithala, Tilakkam-I,
Tilakkam-II, Tilakkam-III, Pitti-I, Pitti-II, Bangaram, Tinnakara,
Parali-I, Parali-II, Parali-III, Kalpitti, Suheli Valiyakara, Suheli
Cheriyakara, and Pitti-Bird Island.
3. The District Court for Lakshadweep is at Kavaratti. The Court of
Munsiff at Andrott exercises jurisdiction over Kavaratti, Andrott,
Minicoy, and Kalpeni. A Sub Judge Court at Amini has jurisdiction
over Amini, Agatti, Kadmat, Kiltan, Chetlat, and Bitra. Air connection
to the mainland is through the airstrip at Agatti. Travel from the
mainland to the islands by ship takes considerable time, particularly
during inclement weather. The monsoon prevails in the region from
around 15 May to 15 September, during which inter-island
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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, which
this judgment seeks to address.
4. In July 2020, an advocate and resident of Kalpeni Island filed this
petition, W. P. (C) No. 7547 of 2025, for the appointment of Public
Prosecutors, the setting up of family courts, and for other directions. A
counter affidavit was filed by the Administration of the Union
Territory (UT Administration). The Division Bench directed the UT
Administration and the High Court Administration to provide details
of the courts functioning in the Union Territory, 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.
5. When the petition came up for hearing in January 2025, it was
pointed out that though the issue of Public Prosecutors and related
matters may have been substantially addressed, several other issues
pertaining to judicial infrastructure and other aspects persist. The High
Court Administration brought to our attention the need to address
several key areas, including the construction and maintenance of court
buildings, allocation of funds for repairs, procurement of hardware,
filling of staff vacancies, facilities for the Lakshadweep State Legal
Services Authority, and Mediation Centres, as well as appointments of
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authorities under the Juvenile Justice (Care and Protection of Children)
Act, 2015 and other enactments. Considering that these infrastructural
and administrative issues require resolution and long-term monitoring,
by order dated 24 January 2025, 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”.
6. Special emphasis on judicial infrastructure in Lakshadweep is
necessary due to its unique topography and legal history. For effective
intervention, the local issues have to be understood in the backdrop of
their history, geographical location, and the manner in which the
judicial system has evolved under the influence of different rules and
ancient cultural practices. We propose to narrate these aspects in brief
to provide context.
7. The official information made available by the Union Territory
Administration in public domain give details of the geographical
location and administration of the Island. A detailed account of the
history pertaining to the administration of justice is in the Gazetteer of
India on Lakshadweep by N. S. Mannadiar issued by the UT
Administration. Other authoritative resources are, the books – A short
account of the Laccadive Islands and Minicoy by R. H. Ellis; Report on
the Laccadive Islands by W. Robinson. The decision of the Division
Bench of the High Court of Kerala in the case of Puthiyapura Sheikh
Koya Thangal and Another v. P. P. Koyammakoya and Others 1 refers
to these authoritative works and gives outline of history and customary
1 2012 (3) KHC 192
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laws. Our narration of topography and history is from these resources.
Topography
8. The Lakshadweep islands, previously known as Laccadive,
Amindivi, and Minicoy, are at a distance from each other. Though
many islands are small in size, they are scattered by large shallow
lagoons. Agatti is the westernmost inhabited island and has the only
airstrip in the region for air connectivity. Agatti is located 459
kilometres west of Kochi and lies to the west of Kavaratti, the District
Headquarters. Agatti covers an area of 3.84 square kilometres and its
surrounding lagoon covers 17.50 square kilometres. Amini is situated
407 kilometres from Kochi, between Kavaratti to the south and
Kadmat to the north. Amini has a land area of 2.60 square kilometres
and a lagoon area of 1.50 square kilometres. Historically, Amini was
the principal island in the group. Andrott is the largest island in
Lakshadweep, with a land area of 4.90 square kilometres. Andrott is
located 119 kilometres from Kavaratti and 293 kilometres from Kochi
and is the nearest to the mainland. The island has a small lagoon area.
Bangaram Island has a tourist resort. Bitra is the smallest inhabited
island, with a land area of just 0.105 square kilometres. Despite its size,
Bitra has a lagoon area of 45.61 square kilometres. Bitra is located 483
km from Kochi. Chetlat, the northernmost inhabited island, is located
56 kilometres north of Amini and 432 kilometres from Kochi. Chetlat
has a land area of 1.40 square kilometres and a wide belt of coral delta.
In the early 20th century, Chetlat was a major centre for boat building.
Kadmat has a land area of 3.20 square kilometres and a lagoon area of
37.00 square kilometres. Kadmat is located between Amini to the
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south and Chetlat to the north, and lies 407 kilometres from Kochi.
Kalpeni is located 287 kilometres from Kochi, south-east of Kavaratti,
and midway between Andrott and Minicoy. Kalpeni has a land area of
2.79 square kilometres and a lagoon approximately 2.8 kilometres at its
widest point. Several small islets lie within its lagoon. Kavaratti, the
administrative headquarters of Lakshadweep, is located 404 kilometres
from Kochi, between Agatti to the west and Andrott to the east.
Kalpeni covers 4.22 square kilometres, with a lagoon 6 kilometres long
and covering 4.96 square kilometres. Kiltan is located 51 kilometres
north-east of Amini and lies on an international trade route between
the Persian Gulf and Sri Lanka. Kiltan is 394 kilometres from Kochi,
with a land area of 2.20 square kilometres and a lagoon area of 1.76
square kilometres. Minicoy, the southernmost island of Lakshadweep,
situated away from the other Islands, and is closer to the northernmost
island of the Maldives, lies 398 kilometres south-west of Kochi.
Minicoy has a land area of 4.80 square kilometres and a lagoon area of
30.60 square kilometres. Minicoy is situated near the Nine Degree
Channel, a busy shipping route. The lighthouse of Minicoy, built in
1885, is one of the oldest in the region.
Legal History
9. The inhabitants of Lakshadweep are classified as scheduled tribes
and profess the religion of Islam. According to the Scheduled
Castes/Scheduled Tribes Lists (Modification) Order, 1956, the
inhabitants of Lakshadweep who themselves, or whose both parents,
have been residents of the islands are declared to be Scheduled Tribes.
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10. The customary laws of Lakshadweep Marumakkathayam govern
joint families. This form of Marumakkathayam is distinct from the
Marumakkathayam prevalent in Kerala2.
11. The legal history of the administration of the islands can broadly
be divided into four phases: the ancient period, the period under the
rule of kings, the British period, and the post-independence period.
12. Formerly, the Lakshadweep Islands were grouped and referred to
as Laccadive, Minicoy, and Amindivi Islands. Amini, Kiltan, Chetlat,
Kadmat, and Bitra formed the Amindivi group. The Laccadive
consisted of Andrott, Agatti, Kavaratti, and Kalpeni. Minicoy was
separate. Much of the ancient history is unknown having been lost over
time. The early historical records are not documented, and what
remains are merely legends. The Islands were under the rule of kings
from the mainland for a considerable period. With the arrival of the
Portuguese, the Islands gained importance for maritime activities.
13. Following a battle in 1799, some islands were annexed by the
British East India Company. In 1854, the remaining islands were
transferred to the Company for administrative purposes. Amindivi
group came under British control in 1799. The traditional system of
justice, administered by local elders known as Karanavans, remained in
practice till 1846. Karanavans held assemblies to resolve minor civil
disputes. Lesser criminal matters were handled by a local official known
as ‘Monegar’. In 1867, the Monegar was formally given the authority of
2 Customary Laws of Lakshadweep Islands, V. Vijayakumar, 1999, School of
Legal Studies, Cochin University.
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Village Magistrate and Village Munsiff, as outlined in Regulations XI
of 1816, IV of 1821, and IV and V of 1816. His powers in criminal
cases were limited; he could only hear minor offences and was allowed
to impose imprisonment for limited duration. In 1872, the Monegar’s
status was elevated to that of a second-class Sub-Magistrate, with
authority over the Amindivi islands. Although the Indian Penal Code,
1860 (IPC) and the Code of Criminal Procedure, 1973 (CrPC) were
extended to Islands, it was specified that the Monegar, while
investigating, trying, or committing cases, would be guided by the
procedures prescribed in those Codes. However, for all cognizable
offences beyond his jurisdiction and as per Madras Regulation XI of
1816, Monegar was required to involve at least three Karanavans as
assessors during proceedings.
14. The Laccadives were declared a Scheduled District under the
Scheduled Districts Act, 1874. The combined effect of the Scheduled
Districts Act, 1874 (Act XIV of 1874) and the Laws Local Extent Act,
1874 (Act XV of 1874) was that many of the laws in force were not
applicable to the Scheduled Districts unless they were extended by
special orders. The then government, however, directed that most of
the statutes were de jure in force in the islands, and it was unnecessary
to put them formally in force. The Monegar continued to exercise both
civil and criminal jurisdictions. Sections 36 to 43 of the Code of Civil
Procedure, 1908 (CPC), were made applicable to the islands by a
notification of 1909. Monegar became a regular Third Class Magistrate
under the CrPC. Appeals, both in civil and criminal decisions, were
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filed before the Revenue Divisional Officer, and revisions to the
Collector. The High Court of Madras, in CMP No. 715 of 42, took
note of the practice of appeals to the Revenue Divisional Officer and
revisions to the Collector in several matters.
15. Even after Independence, for some time the existing legal system
continued. In 1948, the post of Monegar was upgraded to that of a
Deputy Tahsildar with the powers of a Second Class Magistrate under
the CrPC. The Sub-Divisional Magistrate of Mangalore and the
District Magistrate of South Kanara exercised appellate and revisional
powers in criminal matters. The Deputy Tahsildars continued to try
civil cases without limit as to monetary jurisdiction. First appeals were
taken to the Revenue Divisional Officer, Mangalore, and second
appeals or revisions were made before the Collector of South Kanara.
In certain civil matters, revision petitions were filed before the Board of
Revenue and the Government of Madras.
16. The Laccadive, Amindivi, and Minicoy Islands were declared as
a Union Territory of Lakshadweep on 1 November 1956 with an
Administrator appointed by the President of India under Article
239(1) of the Constitution of India to administer this Union Territory.
In the plebiscite held in 1956 to decide whether the people of Minicoy
wished to join the Indian Union, 100% of its residents voted to be a
part of India. Prior to the formation of the Union Territory, the
Amindivi group of islands was under the jurisdiction of the erstwhile
South Kanara District, and the Laccadive and Minicoy groups of
islands were part of the then Malabar District of the erstwhile Madras
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State.
17. The first Police Station in Lakshadweep was opened at Minicoy
in 1958. Three more stations were opened in 1964 at Kavaratti, Amini,
and Andrott, and the posts of Deputy Superintendent of Police and
Circle Inspector of Police were sanctioned in that year. In 1966, one
more Police Station at Chetlat and Police outposts in the remaining
inhabited islands, except Bitra, were opened. Till 1967, the Police had
no investigation powers and their duties were mainly to maintain law
and order.
18. The Laccadive, Minicoy, and Amindivi Islands (Civil Courts)
Regulation, 1965 was promulgated by the President of India in exercise
of the powers under Article 240 of the Constitution of India, and was
brought into force with effect from 1 November 1967. By a
notification dated 24 October 1967, the C.P.C, the Cr.P.C, the I.P.C,
the Indian Evidence Act, 1872, the Court Fees Act, 1870, the Indian
Stamp Act, 1899, and some other pre-constitution enactments were
made applicable from 1 November 1967.
19. According to the scheme of Regulation of 1965, regular courts
of the Munsiff, Sub Judge, and District Judge were envisaged. Initially,
a Sub Court at Kavartti, which is later upgraded as the District and
Sessions Court, Kavaratti and a Munsiff Magistrate Court at Amini
which is also upgraded as Sub Court Cum Chief Judicial Magistrate
Court on 2014 and another Munsiff Court at Andrott were established,
marking the institution of regular courts for the Union Territory.
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20. At present, for administrative purposes, the entire Union
Territory of Lakshadweep is considered as one district. Matters coming
under the District Administration, such as revenue, land settlement,
and law and order, are under the purview of the Collector-cum-
Development Commissioner, who is also the District Magistrate. The
District Magistrate is assisted by one Additional District Magistrate and
ten Executive Magistrates in respect of enforcement of law and order.
The Lakshadweep Police is under the command and control of the
Administrator in his capacity as the Inspector General of Lakshadweep
Police. The Superintendent of Police is the head of the force. Eight
Sub-Divisional Officers and two Deputy Collectors are posted on all
inhabited islands. They also function as Block Development Officers /
Additional Block Development Officers. The Sub Court of Kavaratti
was upgraded to a District and Sessions Court with effect from April
1997. The High Court of Kerala is the High Court for the Union
Territory of Lakshadweep, and the presiding officers of the courts are
ordinarily appointed from the Kerala Judicial Service on deputation.
21. This narration of the judicial system as it evolved with the
geospatial distribution of the islands underscores the need for a
separate and focused approach to their location and topography,
distinct from that of the mainland. The needs of administration of
justice in Lakshadweep are, therefore, not the same as those of the
mainland. The infrastructure and administrative support is limited. It is
for this reason that the issues relating to the administration of justice in
Lakshadweep merit detailed consideration, require long-term
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monitoring, and have led to the initiation of the suo motu petition.
Present proceedings
22. By order dated 24 January 2025, after hearing the learned
counsel for the parties and the input of the High Court Administration
the following areas were crystallized. Those were the facility of e-filing
in the islands; procurement and provision of video conferencing in
courts, including issues of power supply and connectivity; the vacancy
position of court staff at Kavaratti, Amini, and Andrott; infrastructural
facilities for the Lakshadweep State Legal Services Authority; the status
of the Mediation Centre and training of Mediators, including the
feasibility of involving Mukhtiyars as mediators; the status of the
Juvenile Justice Board; the status and functionality of Child Welfare
Committees on the islands and any other issues affecting justice
delivery along with suggestions for improvement.
23. Both the UT Administration and the High Court Administration
were directed to file reports before the next hearing on the above topic.
The paper book of the original petition was directed to continue and
the reports were to be in addition to the existing pleadings. Copies of
the report were directed to be furnished in advance to the learned
counsel for the parties and the learned Amici Curiae.
24. In compliance of the order dated 24 January 2025, the Registrar
General of the High Court submitted a report based on the inputs
received from the District Judge, Kavaratti, and the Kerala State
Mediation and Conciliation Centre. On 14 March 2025, a detailed
order was passed directing to formulate a Plan of Action to address the
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issues, establish a timeline for their resolution, and to convene a joint
meeting comprising the Registrar General, the District Judge,
Kavaratti, a representative of the National Informatics Centre (NIC),
the District Collector, a nominee of the Administrator, the
Superintendent of Police, and an officer from the Public Works
Department. It was also directed that the Registrar General and the
District Collector may include any other officers whose presence is
deemed necessary for the effective deliberation.
25. The topics for the Plan of Action include matters, such as the
transportation of video conferencing and e-filing equipment to the
islands and the establishment of e-filing Kiosk/e-Sewa Kendra on each
island with essential equipment, such as computer terminals, cameras
and peripherals. The setting up of necessary infrastructure to
implement the e-Filing system, e-Sewa Kendra, on each inhabited
island. Training the Advocates, court staff and Government officials at
Lakshadweep islands regarding e-filing and other ICT initiatives.
Solutions to provide uninterrupted power supply to all court
establishments in the islands, including its technical viability, estimated
costs, and timeline for implementation of the same. Measures to
enhance the bandwidth availability for the Case Information System
(CIS) local servers connected through the Lakshadweep SWAN
network. Also, steps to be taken up for filling all vacant posts of staff in
the District and Sessions Court, Kavaratti, Sub Court-cum-Chief
Judicial Magistrate Court, Amini, and Munsiff-Magistrate Court,
Andrott, including the posts of Sheristadar and Deputy Nazir. Further,
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the creation of a separate cadre and service for the judiciary, and till
that time, the protocol of consultation with the District Judge,
Kavaratti, in respect of the posting and transfer of court staff to be
followed. Also, the creation of permanent posts of Public Prosecutor
and Assistant Public Prosecutor, and the establishment of District
Directorate of Prosecution. As regards the Lakshadweep State Legal
Services Authority and the Taluk Legal Services Committee at Amini
and Andrott, infrastructure and manpower issue. Feasibility of
formulating a Welfare Fund for the Advocates and Mukhtyars
practising in the Courts at the Union Territory of Lakshadweep. The
constitution of Child Welfare Committees, a panel of legal-aid
counsels, and support persons for the victims under the Protection of
Children from Sexual Offences Act, establishment of Childline
services, Special Homes, Shelter Homes, Observation Homes, and
Places of Safety, setting up of the office of the Child Welfare
Committee-cum-Child Protection Unit and the post of District Legal-
cum-Probation Officer. Appointment of a Protection Officer under the
Protection of Women from Domestic Violence Act, 2005 and
appointment of a Probation Officer as per the provisions of the
Probation of Offenders Act, 1958. Establishment of Mental Healthcare
Centre on the islands, constitution of a Committee for speedy disposal
of the articles seized under the Narcotic Drugs and Psychotropic
Substances Act, 1985 and the Lakshadweep Prohibition Regulation
Act, 1979. Further, for establishing the procedure and the feasibility of
involving an officer from the National Informatics Centre (NIC),
Kavaratti in the meetings of the Computerization Committee, and the
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Computerization Committee periodically holding meetings with
special emphasis on the Information and Communication Technology
(ICT) infrastructure on the islands. The feasibility of deputing
personnel to train the staff at the islands in respect of video
conferencing and e-filing can also be explored by the Computerization
Committee. These were the topics for the Plan of Action.
26. In compliance with the order dated 14 March 2025, the
Registrar General of the High Court convened a joint meeting to
discuss the above topics. On behalf of the High Court, the Registrar
(Computerisation)-cum-Director (IT) and Senior Technical Director
(NIC) also attended the meeting in addition to the Registrar General.
The District Judge, Kavaratti, the Secretary, District Legal Services
Authority, Kavaratti, and the Munsiff-Magistrate, Andrott, also
attended the meeting. The Special Secretary (Law), Lakshadweep
Administration, attended on behalf of the Administrator of
Lakshadweep. The District Collector, Lakshadweep, Additional
Superintendent of Police, Lakshadweep, Secretary, Health and Family
Welfare, Superintending Engineer, PWD, and Joint Director, IT, were
also present in the meeting. In the meeting, the issues cited in the order
dated 14 March 2025 were discussed, and a plan of action was evolved
to resolve several of the issues mentioned in the order.
27. By order dated 3 April 2025, the Registrar General was directed
to furnish a progress report after conducting a joint meeting of the
same working group. In compliance with the order dated 3 April 2025,
the Registrar General of the High Court filed a report stating that a
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preparatory meeting of the working group was convened on 5 June
2025 and a conclusive meeting was conducted on 13 June 2025. The
progress on the issues cited in the order dated 14 March 2025 was
discussed in the meetings, and the present status was listed.
28. As per the order dated 3 April 2025, the Registrar
(Computerisation)-cum-Director (IT) also submitted a report detailing
the steps taken with respect to the procurement of ICT hardware, video
conferencing units for the courts in Lakshadweep, and training
imparted to the Advocates, court staff, and Government officials at the
Lakshadweep Islands regarding e-filing and other ICT initiatives.
Details regarding the Tripartite Agreement under the e-Courts Project,
along with the proposals intended to be included in the agreement,
were also provided. The District Judge, Kavaratti, submitted a detailed
report on 11 July 2025 regarding matters connected with the District
Judiciary of Lakshadweep, i.e., court infrastructure, the issue of power
supply, the position of court staff, creation of a separate cadre, and the
constitution of Child Welfare Committees.
29. A note was submitted by the learned Amicus Curiae, Aashique
Akthar Hajjigothi, wherein he pointed out certain further issues
regarding the establishment of family courts, the question of giving
charge to the courts in Kozhikode, making access available to the Acts,
Rules, Regulations, Bye-laws, etc., pertaining to the UT
Administration, and issues regarding the Electronic Filing Rules for
Courts (Kerala), 2021 and the Electronic Video Linkage Rules for
Courts (Kerala), 2021. A note was also submitted by the learned
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Amicus Curiae, Enoch David Simon Joel, wherein he pointed out
various facets. He also gave a detailed note on the history and practice
of Mukhtyars.
30. We have heard Mr. R. V. Sreejith, learned Standing Counsel for
the Lakshadweep Administration, Mr. K. R. Ganesh, learned counsel
for the High Court Administration, Mr. E. C. Ahamed Fazil, learned
counsel for the Lakshadweep Bar Association, Mr. Adarsh Kumar,
learned counsel for Respondent No. 7, Mr. Enoch David Simon Joel
and Mr. Aashique Akthar Hajjigothi, learned Amici Curiae and Mr. T.
V. Vinu, learned Central Government Counsel.
Topics for consideration
31. From the earlier orders and Reports, we segregate the issues
under the following broad heads:
e-filing and video conferencing court system;
Power supply;
Physical Court Infrastructure;
Non-judicial court staff;
Family Court;
Legal Services Authority;
Public Prosecutors;
Advocates;
Mukhtyars;
Authorities under the Juvenile Justice Act;
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Mental Health Care;
Authorities under the Domestic Violence Act;
Probation Officers;
Committee under the NDPS Act;
Other issues.
32. Now we proceed to deal with these issues segment-wise. We will
narrate the developments that occurred during the hearing, the steps
taken and the areas that remain to be addressed.
e-filing and video conferencing court system
33. While Lakshadweep has ten inhabited islands, court services
are available only on three. As pointed out earlier, the islands are
separated by long distances and connected mainly by sea routes.
Travelling to the nearest court, which may be on another island, often
involves long journeys by boat, subject to weather conditions and
limited transport schedules. This situation makes an ideal case for the
introduction of digital initiatives in the justice delivery system.
34. Initially, when the petition was taken up for hearing, a well-
organised set-up for e-filing, video conferencing, and hybrid hearings
was not in place. The UT Administration had informed that, to
facilitate e-filing in the three Courts in Lakshadweep, funds had been
sanctioned for nine sets of video conferencing equipment, along with
accessories and e-filing equipment for e-Sewa Kendras. Partial delivery
was to be effected and that hardware would be transported to the
islands, depending on the availability of conveyance. Subject to the
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resolution of connectivity issues, it was expected that e-filing could be
implemented in the three courts. Training for legal professionals,
Police, and court staff was felt to be necessary. It was observed that
training could be conducted online, and a few staff from the mainland
may be deputed to the island courts for a short period to provide
hands-on practical training on the e-filing of cases.
35. During the hearing on 14 March 2025, it was informed that
funds of ₹44,30,876/- were sanctioned for ICT infrastructure,
including video conferencing equipment, and supply orders had been
placed to ensure timely implementation. Delivery of the equipment
was expected within one month. It was directed that once the
equipment reached the islands, installation and integration with
existing systems had to be carried out promptly. Technical teams
would have to conduct testing, and court staff would have to be
trained to operate and maintain the system. Connectivity issues were
to be resolved through trial runs before making the system
operational, so that the video conferencing facilities were made
functional before the onset of the monsoon season.
36. To ensure stable network connectivity for Information
Communication Technology (ICT) enabled courts in Lakshadweep,
necessary steps have to be taken to address challenges in remote
locations due to limited internet access. While the Case Information
System (CIS) local servers of the islands are connected through the
Lakshadweep State Wide Area Network (SWAN) network, public
access to e-courts and e-filing services remains restricted. Efforts
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should be made to improve bandwidth availability to facilitate
seamless digital operations. The provisions of the new criminal law
need to be updated in the Lakshadweep e-Courts services, as it was
noted that delays in data entry have led to case backlogs. It was
observed that the National Informatics Centre (NIC) Unit, Kavaratti,
has to take steps to resolve this issue and be included in monthly
review meetings of the Computerisation Committee.
37. It was observed that for effective training in e-filing
procedures, the District Judiciary at Kavaratti can seek assistance from
the Information Technology Department of the High Court. The
feasibility of deputing a staff member well-versed in e-filing
procedures to the islands for a short duration to provide hands-on
training can be explored. It was directed that the Police and other
Government authorities can also be familiarised with the intricacies of
e-filing. The UT Administration will have to identify and provide the
minimal space required for setting up these facilities, ensuring the
availability of computer terminals, cameras, and other essential
peripherals for seamless e-filing services.
38. The Registrar General, by report dated 29 March 2025, stated
that transportation of video conferencing equipment procured from
the funds granted by the UT Administration to Kavaratti and Amini
had already been completed, and that transportation to Andrott would
be completed within two days. It was further informed that e-filing
equipment had reached and installation was ongoing with the aid of
the IT Department. For the establishment of e-Sewa Kendras, suitable
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spaces had been identified and technical infrastructure made available.
Installation was expected to be completed by the end of April. The
Senior System Officer, Ernakulam, was to provide online and hands-
on training, with a proposal to create master trainers in Kavaratti to
train others on different islands.
39. The UT Administration informed that the SWAN network is
saturated and steps are being taken to expand bandwidth. The UT
Administration is also replacing existing copper cables with optical
fibre cables to Amini and Andrott to improve connectivity. Bandwidth
enhancement is expected within three to four months.
40. As regards involving an officer from NIC, Kavaratti, in the
meetings of the Computerisation Committee of the High Court, it was
decided that the NIC personnel shall attend monthly meetings and
also provide training support for staff on the islands in respect of video
conferencing and e-filing.
41. In the order dated 3 April 2025, it was noted that e-filing
infrastructure was being installed, and e-Sewa Kendras were to be
established by the end of April 2025. The Senior System Officer,
Ernakulam, was to provide training to Advocates, court staff, and
other officials, both online and through practical sessions, with master
trainers based in Kavaratti. The UT Administration was also
increasing bandwidth through the SWAN network and laying optical
fibre cables to Amini and Andrott.
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42. By report dated 30 June 2025, the Registrar General informed
that installation of video conferencing and e-filing equipment,
including computer terminals, cameras, and peripherals, had been
completed. Courts had started using video conferencing in
proceedings, though e-filing had not yet commenced.
43. The District Judge reported that two e-filing training classes had
been conducted. Assistant Public Prosecutors at Amini and Andrott,
conversant with the e-filing process, had offered to provide training.
The Registrar (Computerisation) informed that online training could
also be provided.
44. To enhance bandwidth for the Case Information System (CIS)
servers connected through the SWAN network, the UT
Administration informed that courts at Andrott and Kavaratti were
provided with fibre connectivity, and work on Amini was expected to
be completed within two weeks. A complete revamp of the SWAN
network was underway, after which more bandwidth could be
allocated to the courts. It was informed that a representative of NIC,
Kavaratti, now attends the monthly meetings of the Nodal Officers.
45. The Registrar (Computerisation), in the report dated 9 July
2025, stated that as regards procurement of ICT hardware, including
video conferencing units, the restrictions on using State Government
funds had caused difficulties, but courts are currently using SWAN
and optical fiber connectivity and to meet urgent requirements, video
conferencing equipment was temporarily transferred from the Family
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Court in Ernakulam to Lakshadweep. It was pointed out that using
surplus funds from the e-Courts Project Phase II, desktops, UPS units,
and printers were procured for the three courts in Lakshadweep and
handed over to the District and Sessions Court, Kavaratti, ensuring
basic ICT support, though full-fledged video conferencing facilities
were still required. Under Phase III of the e-Courts Project, no specific
funds were allocated for hardware procurement for Lakshadweep.
However, the Secretary of IT, UT of Lakshadweep, has now procured
and installed video conferencing infrastructure. Internet connectivity
with backup, computer units with webcams, microphones, display
monitors, and UPS systems are available. Video conferencing facilities
are functional at Kavaratti, Amini, and Andrott.
46. While these steps have been taken during the hearing of the
petition, what is essential, however, is that e-filing and video
conferencing facilities have to be extended to all inhabited islands, not
just to the three islands where the courts are located. The need is
greatest on islands without courts. For the present, it would be feasible
to utilise the office of the Deputy Collector on each island for setting
up e-Sewa Kendras. e-Sewa Kendras can assist the locals in using these
initiatives. The e-Sewa Kendras can be manned by regular staff or
volunteers. The e-Sewa Kendras help to overcome the digital divide.
47. One more aspect is that it appears that the e-filing rules for
Lakshadweep have not been notified, and the national e-filing portal
does not list the Union Territory in its State drop-down menu. This
matter has to be taken up with NIC. Offline training can begin with
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Assistant Public Prosecutors, followed by Government officials, once
the portal is made operational. The Kerala Judicial Academy can also
provide training, subject to infrastructural support from the UT
Administration. The learned Amicus Curiae has pointed out that
while the Electronic Filing Rules for Courts (Kerala), 2021 are
applicable to Lakshadweep, confusion exists over the applicability of
the Electronic Video Linkage Rules for Courts (Kerala), 2021. This
aspect, along with the framing of rules of practice, criminal and civil,
for Lakshadweep, have to be addressed by the High Court
Administration.
48. It is abundantly clear that e-filing and video court hearing can
transform justice delivery system in Lakshadweep. These facilities in
many cases may remove the need for sea travel to file cases or attend
hearings, ensure continuity during the inclement, and extend legal aid
and consultations to remote islands. Experience from other remote
and hilly regions shows that justice delivery system can function
effectively with basic infrastructure and reliable connectivity. We
reiterate and emphasise that extending these facilities to all inhabited
islands in Lakshadweep is of utmost necessity to reduce the
disadvantages of distance and isolation, and to make justice accessible
to all the residents of the islands.
Power supply
49. The proposed e-filing and Video Conferencing facilities in the
courts will no doubt require stable and continuous electricity supply.
To ensure an uninterrupted power supply, the UT Administration has
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to examine the feasibility and cost implications of providing diesel
generators with a minimum distributed generation (DG) capacity of
50 KVA or installing solar power systems of adequate capacity. If
funds allocated under the e-Committee are not available for DG sets,
the UT Administration shall arrange the requisite funding. Solar
power systems also have to be considered as a sustainable option to
meet the energy requirements of the courts and ensure the smooth
functioning of digital infrastructure.
50. By order dated 3 April 2025, the UT Administration was
directed to assess the feasibility of installing solar panels at the court
complex within ten days, with diesel generators to be considered as an
alternative if solar installation was not viable. The District Judge,
Kavaratti, reported that it was jointly decided to install solar power
systems at Kavaratti and Amini, and to provide each court with two
separate 5 KVA online UPS units – one with a two-hour backup and
another with a four-hour backup – at an estimated cost of ₹16.83
lakhs. The purchase of inverters was processed by the District Court,
and the UT Administration approved the proposal on 7 July 2025,
directing that the Electricity Department be approached and funds
sought from the Finance Department after placing the supply order.
Solar panels at the court premises were also included in a broader
government scheme for renewable energy. The Registrar
(Computerisation)-cum-Director (IT) stated that financial support
under the e-Courts Project could be explored once a formal proposal
is submitted to the High Court. The UT Administration has assured
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that the solar feasibility study will be completed within ten days, and if
found unviable, diesel generators will be procured.
51. For uninterrupted power supply across all court establishments,
solar plants may be installed in the court complexes at Kavaratti and
Amini, while diesel generators or inverters may be procured for courts
where solar is not feasible. The UT Administration has undertaken to
complete the inverter installation within two months of receiving the
proposal from the District Judge. The Registrar (Computerisation)
confirmed that once the tripartite agreement under the e-Courts
Project is executed, funds for solar installation can be made available
under the scheme.
52. The process of securing a stable power supply for judicial
infrastructure in the islands has to be expedited. Reliable electricity is
essential for the effective functioning of e-Courts, video conferencing,
and e-filing, all of which depend on uninterrupted power. Therefore,
this initiative has to be treated as a priority.
Physical Court Infrastructure
53. The importance of a robust infrastructure for courts cannot be
emphasised enough. The Hon’ble Supreme Court in the cases of All
India Judges’ Association v. Union of India 3 and Brij Mohan Lal v.
Union of India and Others4 has held that a sound court infrastructure
is the foundation of a strong judicial system and the State has a
3 (2018) 17 SCC 555
4 (2012) 6 SCC 502
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constitutional duty to provide the judiciary with adequate facilities so
it can deliver justice effectively.
54. The three courts in Lakshadweep were established several years
ago. A request for funds to repair and maintain the Munsiff-
Magistrate Court at Andrott, estimated at ₹13,69,200/-, was
forwarded on 2 August 2024 but has not yet been released. While old
buildings have to be preserved as heritage, new annexes may be
required to accommodate present and future needs.
55. Construction of a new annex to the District Court building at
Kavaratti is proposed to establish a Vulnerable Witness Deposition
Centre and to meet future requirements. The proposal was submitted
on 31 May 2024, and a preliminary inspection by an architect from
the Lakshadweep Public Works Department was conducted, but no
further progress has been made. New annexes are also proposed for
Amini and Andrott.
56. In the order dated 3 April 2025, the Superintending Engineer,
Lakshadweep Public Works Department (LPWD), was directed to
jointly inspect the court buildings with the District Judge to address
infrastructure concerns. By report dated 30 June 2025, the Registrar
General informed that the District Judge, Kavaratti, met the
Superintending Engineer and directed the Assistant Engineers to
consult Judicial Officers on other islands to assess infrastructure issues.
Action will follow once reports are received. The District Judge,
Kavaratti, noted that space in the existing court buildings is minimal.
To meet current and future requirements, constructing new annexes
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or reconstructing existing structures is essential. The Hon’ble Supreme
Court, in All India Judges’ Association case has provided a blueprint
for court infrastructural requirements.
57. In a meeting convened under directions issued in the petition,
the UT Administration decided to conduct a joint inspection of court
buildings at all three locations with the District Judge to explore the
possibility of meeting the requirements of the courts. Inspection of the
District Court, Kavaratti, was carried out on 29 May 2025. A proposal
for constructing a new annex on government land adjacent to the
existing building was submitted to the Administrator on 31 May
2024. It was noted that the UT Administration has to first allocate the
Government land immediately south of the existing court building
before the plan and estimate for new construction can be prepared.
Communication on this was placed before the UT Administration on
5 June 2025.
58. Field inspections of the courts at Andrott and Amini are
necessary. Judicial Officers and Assistant Engineers of the LPWD can
conduct joint inspections and prepare plans and estimates for
additional construction. The Superintending Engineer has issued a
memorandum directing Assistant Engineers to submit these plans, but
they have not yet been received. For the Munsiff-Magistrate Court,
Andrott, a three-storied building is proposed within the available open
space, or alternatively, the reconstruction of the existing building. For
the Chief Judicial Magistrate Court, Amini, the heritage building has
to be preserved; expansion may involve annexing an adjacent vacant
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government building. Revised norms for court buildings and judicial
quarters in Kerala may guide construction, if feasible.
59. Official quarters for the District Judge at Kavaratti and the Chief
Judicial Magistrate at Amini do not require immediate attention.
However, the official quarters of the Munsiff-Magistrate at Andrott
does meet the prescribed standards. Temporary arrangements may be
needed during the monsoon to prevent leakage. If sufficient land is
available, new official quarters may be constructed according to
revised norms.
60. The Hon’ble Supreme Court has in above-mentioned cases
emphasised that without proper infrastructure, courts cannot function
optimally, which may undermine the rule of law. Article 21 of the
Constitution of India guarantees the right to a fair and speedy trial,
and Article 39A mandates equal justice and free legal aid. Financial
constraints cannot excuse failure to fulfill this obligation. Judicial
infrastructure is essential for expeditious, inexpensive, and fair trials,
and it has to keep pace with changing times and technology. A court
complex is not merely a building; it is the seat of justice.
Strengthening infrastructure enhances access to justice, improves
efficiency, and bridges the gap between the ideals of justice and their
realisation. This legal position, underscored by the Hon’ble Supreme
Court, applies equally to judicial infrastructure in Lakshadweep. All
aspects of court infrastructure in Lakshadweep have to be taken up by
the UT Administration on a priority basis.
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Non-judicial court staff
61. No court can function without adequate court staff. The
sanctioned post of court staff in the District and Sessions Court,
Kavaratti is 13 and on a working arrangement, 4 posts are attached
with the total strength 17. In the court at Amini, the sanctioned post is
9, and on a working arrangement, 2 posts are attached with the total
strength 11. At Andrott, the sanctioned post is 6, and on a working
arrangement, 2 posts are attached and the total strength is 8.
62. However, four posts in the District and Sessions Court at
Kavaratti are lying vacant. At Amini, 2 posts and at Andrott, 1 post are
vacant. The posts of Sheristadar in the District Court, Kavaratti and the
Sub Court, Amini, as well as the post of Deputy Nazir in these courts,
are vacant.
63. The District Judge, Kavaratti, has emphasised that owing to the
non-filling of the posts in the District and Sessions Court, Kavaratti
(deputation posts of Sheristadar and Deputy Nazir, and two posts of
MSEs – last grade employees), the Sub Court – CJM, Amini
(deputation posts of Sheristadar and Deputy Nazir), and the Munsiff –
Magistrate Court, Andrott (one post of MSE), court functioning is
affected and the process of filling these vacancies has to be expedited. It
is also informed that new posts need to be sanctioned for the effective
functioning of the Court. They are as under:
a) Senior System Officer to manage e-court-related
activities across all courts in the judicial district. Creation
of this post is crucial for overseeing the management of
Lakshadweep’s digital court.
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b) Junior Superintendent at Munsiff Magistrate Court,
Andrott, to serve as the Chief Ministerial of the Court.
c) One staff, preferably UDC, to the Lakshadweep State
Legal Services Authority.
d) One staff each, preferably LDC, to the Taluk Legal
Services Committees at Andrott and Amini.
***
64. As per Regulation 23 of the Regulations of 1965, the ministerial
officers of the District Court are to be appointed by the District Judge
and the ministerial officers of the courts of Subordinate Judges and
Munsiffs are to be appointed by the District Judge after consultation
with the Administrator. Regulation 23 reads as under:
“The ministerial officers of the district court shall be
appointed by the district judge and the ministerial
officers of the courts of subordinate judges and
munsiffs shall be appointed by the district judge after
consultation with the Administration.”
***
65. There are only three technical posts. All other posts are Group C
posts such as Lower Division Clerk, Upper Division Clerk, etc. The
technical posts are those of Head Clerk, Deputy Nazir, and Sheristadar.
All the existing Group C posts in the judiciary, except the posts of
Head Clerk and Deputy Nazir, are being filled through transfer and
posting of common cadre staff under the Lakshadweep Administration,
recruited as per the Lakshadweep Administration (Group ‘C’
Ministerial Posts) Recruitment Rules, 1991. The posts of Head Clerk,
Deputy Nazir (Group C), and Sheristadar (Group B) are filled by
deputation. For this purpose, recruitment rules were framed as the
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Lakshadweep Judicial Services (Group ‘C’ Posts) Recruitment Rules,
2002, which require periodical amendments. For want of such
amendments, the posts of Deputy Nazir and Sheristadar in both the
District Court and Subordinate Court are lying vacant. The
amendment process is pending consideration before the UT
Administration. Though staff is currently employed on deputation as
an interim arrangement, it is imperative, in the interest of the
independence of the judiciary and judicial efficiency, to create a
separate establishment and an exclusive recruitment mechanism for the
judiciary in Lakshadweep. The Registrar General has informed that the
High Court Administration addressed a letter on 21 December 2020
requesting the UT Administration to take necessary steps for framing
rules incorporating direct recruitment as a method of appointment of
court staff in Lakshadweep, but the rules have not been finalised.
66. In the order dated 14 March 2025, it was emphasised that the
establishment of a separate judicial cadre should be prioritized. While
Regulation 23 of the Laccadive, Minicoy, and Amindivi Islands (Civil
Courts) Regulation, 1965, mandates that the District Judge is the
appointing authority for ministerial officers, the current practice of
allocating court staff from a common cadre without consulting the
District Judge needs to be discontinued. The District Judge must have
a say in this process. The District Judge has to be consulted regarding
the transfer and posting of court staff, as required under the
Regulations of 1965. Necessary instructions have to be issued to ensure
compliance with these provisions.
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67. Currently, posts are being filled by transferring staff from various
departments under the UT Administration and by deputation. The
present arrangement adopted by the UT Administration is only an
interim measure. An exclusive recruitment mechanism for the judicial
department in Lakshadweep is imperative and needs to be created by
framing separate recruitment rules within a fixed time frame. Till that
time, the transfer and posting of court staff should be effected with the
concurrence of the District Judge. However, since no separate
recruitment rules have yet been framed for the direct recruitment of
ministerial staff to the judiciary in Lakshadweep, this position
continues.
68. By report dated 30 June 2025, the Registrar General has
informed that with regard to the creation of a separate cadre and service
for the judiciary, and the protocol of consultation with the District
Judge, Kavaratti, in respect of the posting and transfer of court staff, the
UT Administration has agreed to form a committee with
representatives of its service department and the District Judiciary,
Kavaratti, to discuss the proposal for formulating a separate cadre and
service for the judiciary in Lakshadweep. The creation of such a cadre
and service is not merely important, but essential. A dedicated and
reliable workforce, well-versed in procedural law, is necessary for the
effective functioning of the court. This matter needs to be taken up on
a priority basis by the UT Administration.
Family Court
69. As regards the establishment of a Family Court, the High Court
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Administration, vide letter dated 7 July 2008, informed the UT
Administration to establish a Family Court at Kavaratti. Reminders
were also sent on 13 April 2022 and 7 February 2023, and through a
letter dated 5 August 2023, a request was also made to establish one
Munsiff-Magistrate Court at Kadmat and Minicoy. Establishing a
Family Court may be necessary for giving effect to the various
provisions under the Family Courts Act, 1984 (Act of 1984) and for
fulfilling the scheme of the Act. If there are difficulties regarding the
feasibility of having separate infrastructure for a Family Court due to
the small number of cases, then the option of establishing a Family
Court by giving additional charge to the District and Sessions Court,
Kavaratti, can be considered. The purpose and scheme of the Act of
1984 is to promote conciliation and secure the speedy settlement of
disputes relating to marriage and family affairs through the
establishment of special courts. Under Section 9 of the Act of 1984, a
duty is cast upon the court to promote settlement between the parties.
Legal Services Authority
70. Under the Legal Services Authorities Act, 1987, the
Administrator of the Union Territory has framed the Lakshadweep
State Legal Services Authority Rules, 1998 (Rules of 1998). Under the
Rules of 1998, an Authority is constituted as per Rule 3 having up to
15 members including ex-officio members and nominated members.
The Member Secretary of the Lakshadweep Legal Services Authority
has various functions to perform as listed in Rule 4. This include
implementation of free services, scheme and programmes, resolution of
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rural dispute etc. The Rules of 1998 also contemplates constitution of
Taluk Legal Services Committee, which includes Sub-Divisional
Officer and Station House Officer of the Police Station as ex-officio
members.
71. The Lakshadweep State Legal Services Authority and the Taluk
Legal Services Committees at Amini and Andrott currently lack
dedicated human resource. The Secretary (Civil Judge – Senior
Division) of the District Legal Services Authority is assisted by two
Lower Division Clerks deputed from the Arts & Culture Department
and Finance and Accounts Department of the UT Administration. The
Registrar General, in the report dated 29 March 2025, stated that the
UT Administration had sought time to discuss staff appointments with
the District Judge, Kavaratti, to formulate an action plan. The UT
Administration has to finalise such a plan.
72. Dedicated physical infrastructure for the Legal Services Authority
is also lacking. Presently, the Legal Services Authority operates from
the District Court library in Kavaratti, while the Taluk Legal Services
Committees function from rooms in the Sub Court and Munsiff Court.
These arrangements are inadequate. In hearings held in March 2025,
the need for six computers and multi-function printers, at an estimated
cost of ₹4,91,934/-, was emphasised out of which the National Legal
Services Authority provided ₹2,00,000/-. For a small amount, steps
were not being taken to make the Legal Services Authority effective.
The UT Administration stated that an appropriate building for the
Legal Services Authority will be identified based on recommendations
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from the District Judge, Kavaratti. Proposals for providing residential
quarters and hiring a vehicle on an annual rent basis for the Secretary
were also agreed upon, as reiterated in the order dated 3 April 2025.
73. The Registrar General, subsequently by report dated 30 June
2025, informed that computers and peripherals have been purchased
and a vehicle has been provided to the Secretary, DLSA. The UT
Administration further stated that the old quarters behind the District
Judge’s residence will be demolished and new quarters constructed for
the Secretary, DLSA.
74. The mediation movement has gained momentum nationally.
Although a Mediation Centre has been established on paper in
Lakshadweep, no trained mediators or operational centres currently
exist. A formal Mediation Centre has to be established to address
matrimonial and property disputes effectively. Experienced Senior
Mukhtyars could be enrolled as mediators, in addition to those listed
under Rule 8 of the Civil Procedure (Alternative Dispute Resolution)
Rules, 2008. Mediation training, subject to approval by the Mediation
and Conciliation Project Committee, should be undertaken. Emphasis
has to be placed on developing a mediation infrastructure in
Lakshadweep to ensure effective and timely dispute resolution.
Public Prosecutors
75. The Administrator of the Union Territory has framed the
Laccadive, Minicoy and Amindivi Islands (Recruitment to the Post of
Assistant Public Prosecutor) Rules, 1970 (Rules of 1970). These Rules
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prescribe the method of recruitment, that is by direct recruitment,
transfer, or deputation and provide for classification, scales of pay,
disqualification, and power to relax. By order dated 14 March 2025, it
was observed that, for the effective administration of justice, the vacant
post of Assistant Public Prosecutor in the court of the Chief Judicial
Magistrate, Amini, has to be filled without delay. Although recruitment
on a contractual basis is in progress, it was emphasised that competitive
remuneration should be offered to attract competent candidates.
Appointment of qualified legal professionals is essential to safeguard
public interest in the courts.
76. The practice of continuing contractual appointments
indefinitely, without creating a permanent cadre, is inconsistent with
Sections 18 to 20 of the Bharatiya Nagarik Suraksha Sanhita, 2023
(BNSS). Section 20 mandates the establishment of a District
Directorate of Prosecution by the State Government. Therefore,
necessary steps have to be taken to ensure compliance. In the report
dated 29 March 2025, the Registrar General noted that the officials of
the UT Administration had sought time to consult the District Judge,
Kavaratti, to formulate an action plan for the creation of permanent
posts of Public Prosecutor and Assistant Public Prosecutor and for the
establishment of the District Directorate of Prosecution. The officials
assured that the plan would be finalised by mid-April 2025.
77. The order dated 3 April 2025 records that the UT
Administration is in the process of creating these permanent posts and
setting up the Directorate after consultation with the District Judge.
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78. By report dated 30 June 2025, the Registrar General informed
that, with regard to the creation of permanent posts of Public
Prosecutor and Assistant Public, the UT Administration has stated that
there is one permanent post of Additional Public Prosecutor, for which
a notification has been issued. The District Judge, however, observed
that other vacancies pertain to temporary posts with inadequate pay,
which discourages competent Advocates from applying. The Registry
expressed concern over the absence of permanent Prosecutors despite
courts functioning on three islands, and reminded the UT
Administration that, under Section 18 of the BNSS, 2023, the
Government is required to appoint Prosecutors in consultation with
the District Judge. The UT Administration was also advised to take
note of the judgment of this Court dated 9 April 2025 in W.P.(C) No.
23838 of 2021. It has been informed that a comprehensive proposal
for the creation of a Directorate of Prosecution has been forwarded to
the Ministry of Home Affairs. This matter requires close follow-up by
the UT Administration.
Advocates
79. The Advocates in Lakshadweep have formed the Lakshadweep
Bar Association. In an order dated 14 March 2025, it was noted that no
Welfare Fund Scheme exists for Advocates in the Union Territory of
Lakshadweep. The possibility of including Advocates under the
Welfare Fund Scheme of the Bar Council of Kerala was directed to be
explored. In a meeting was held with the Secretary, Bar Council of
Kerala on 27 March 2025 regarding the feasibility of formulating a
Welfare Fund Scheme for Advocates practising in Lakshadweep, the
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Secretary stated that lawyers practising in Lakshadweep are enrolled
with the Bar Council of Kerala and hence are eligible to enroll
themselves in the Welfare Fund administered by the Kerala Bar
Council. It was further pointed out that Advocates filing Vakalath in
Lakshadweep courts generally do not affix the welfare fund stamp, and
it was suggested that the practice of affixing the welfare stamp be made
mandatory. Awareness among Advocates practising in the islands
regarding the Welfare Fund and the requirement of affixing welfare
fund stamps can be ensured through the respective Association, if any.
In the order dated 3 April 2025, it was confirmed that Advocates from
Lakshadweep could enrol in the Kerala Advocates’ Welfare Fund and
that the affixing of welfare fund stamps is mandatory.
80. By report dated 30 June 2025, the Registrar General informed
that, with respect to the feasibility of formulating a Welfare Fund
Scheme for Advocates practising in Lakshadweep, the Bar Council of
Kerala stated that eighteen advocates enrolled with the Council are
currently practising in the Lakshadweep Islands. The Bar Council of
Kerala clarified that it has no objection in including these Advocates in
its welfare schemes, including the Kerala Advocates’ Welfare Fund, and
extending to them the facilities available to its members, however, it
was also pointed out that the Lakshadweep Bar Association is presently
not a recognised association, and that welfare stamps can be issued only
through recognised Bar Associations. The Bar Council expressed its
willingness to take appropriate steps once the Lakshadweep Bar
Association submits an application in accordance with the Kerala
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Advocates’ Welfare Fund Act and Rules. This is an aspect which the
Advocates’ Association in Lakshadweep has to consider.
Mukhtyars
81. Their history and status being peculiar, Mukhtyars of
Lakshadweep occupy a unique position in the legal framework.
Mukhtyars of Lakshadweep are different from the ‘Mukhtar’ referred to
in the Legal Practitioners Act, 1879. The laws in the Islands were
earlier different from the law prevalent in the mainland, and therefore,
to ensure that every litigation is decided based on the relevant
customary law prevalent in the Islands, persons who were familiar with
the customary laws of the Island and who were able to converse in the
local language were permitted to participate in the proceedings as a
Mukhtyar. Also, the distance from the mainland and the lack of a
sound transportation system discouraged the Advocates from the
mainland from appearing in the courts in Lakshadweep. Thus, the
system and the practice of the customary law, and the geographical
isolation of the Island gave rise to this class of laypersons, without a
formal degree in law, to represent the local residents in the Courts of
Law.
82. The learned Amicus Curiae and the Bar Association of
Lakshadweep have submitted a note after the hearing was closed that
the Mukhtyar system should be abolished. However, it is not within
the scope and intention of this suo motu petition to enter into
adversarial adjudication. Also, Mukhtyars are not represented in this
petition. The District Judge has informed that with the advent of the
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Bar Associations, new enrolment of Advocates, and the changing legal
landscape, no new Mukhtyars are getting enrolled and a few remaining
ones are all of advanced age.
83. The Mukhtyars, many of whom are above seventy years old, and
currently lack a statutory provision for a beneficial scheme, such as a
welfare fund. However, in view of their long-standing contributions to
the local residents, introducing a welfare scheme for the elderly existing
Mukhtyars can be considered by the UT Administration. The UT
Administration could assess the feasibility of creating a dedicated
welfare fund for Mukhtyars. This, however, will have financial
implications, and therefore, it is entirely for the UT Administration to
decide. That apart, as stated earlier, the experience and services of the
Mukhtyars can be effectively utilised in alternative dispute resolution
proceedings, such as mediation. The Mukhtyars, being natives of the
Islands, can play an effective role as mediators. This aspect can be
explored.
Authorities under the Juvenile Justice Act
84. Under Section 2(59) of the Juvenile Justice (Care and Protection
of Children) Act, 2015, the term State Government in relation to a
Union Territory refers to the Administrator. Accordingly, all references
to the State Government in the Act apply to the Union Territory.
Chapter III of the Act deals with the Juvenile Justice Board (JJB), which
has to be constituted for every district to ensure protection of children’s
rights. The JJB can direct Probation Officers or social workers to
undertake social investigations, conduct inquiries to declare fit persons
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for the care of children in conflict with law, and inspect jails to ensure
no child is lodged in adult facilities, taking immediate measures to
transfer any child to an observation home or place of safety. The proper
functioning of the Juvenile Justice Board is, therefore, critical. In
Lakshadweep, the JJB constituted under the Act was dissolved on 29
February 2020 and has not been reconstituted since. Despite
communications dated 28 August 2024, no action had been taken.
Child Welfare Police Officers are required at each Police station.
85. As noted in the order dated 14 March 2025, children centre
services are not available, and essential infrastructure, including Special
Homes, Shelter Homes, Observation Homes, and Places of Safety,
remains to be established. To address these gaps, a Child Welfare
Committee-cum-Child Protection Unit and a District Legal-cum-
Probation Officer under the Block Development Officer on each island
have to be set up to manage the Juvenile Justice Board efficiently.
86. The Registrar General’s report dated 29 March 2025 highlighted
the requirement of a Legal-cum-Probation Officer and no such officer
is appointed in the Union Territory. The UT Administration stated
that available officers could be entrusted for this purpose and are
equipped to file social information reports upon court request. The
term of the previous JJB expired on 5 October 2020. The Munsiff-
Magistrate, Andrott, reported pending cases. Members nominated
earlier were found unfit, and the UT Administration has issued a fresh
notification for nominations, with details to be communicated within
two days.
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87. Under Section 27 of the Act, the State Government has to
constitute Child Welfare Committees (CWC) in every district to
discharge statutory duties, provide induction training, and ensure
sensitisation of members. The District Child Protection Unit has to
provide secretarial and staff support. The Committee exercises powers
under the Code of Criminal Procedure, submits reports to the District
Magistrate, and maintains a panel of legal-aid counsel and support
persons for victims under the Protection of Children from Sexual
Offences Act, 2012, and other sexual offences.
88. At subsequent hearings, the UT Administration informed that
the CWC has been constituted and support persons under the POCSO
Act are being appointed. Childline services have been made functional,
with all helpline numbers merged into a single emergency number,
‘108’. Officers are appointed on every island to follow up on calls
related to women and children.
89. By the report dated 30 June 2025, the Registrar General
informed that the CWC was reconstituted, with a representative of
Women & Child Development assigned as a support person for
POCSO victims. The Police and Women & Child Development
Department will coordinate to address the needs of sexual crime
victims. Six cases are now pending before the JJB due to delays in
reconstitution. Four applications for Board membership have been
received; though approvals were to be completed within fifteen days of
the meeting on 13 June 2025, no information on appointments has
been received. The Judicial First Class Magistrate, Andrott, noted that
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the previous CWC was constituted under the old Juvenile Justice Act,
and the new Act has different qualification requirements for members.
90. The office of the Child Welfare Committee-cum-Child
Protection Unit and the post of District Legal-cum-Probation Officer
have been established, with the Legal Assistant in the Law Department
notified as District Legal-cum-Probation Officer.
91. Regarding the child centre services and care institutions, the UT
Administration designated one quarter as a “One Stop Centre” to
function as a Childline, Special Home, Shelter Home, Observation
Home, and Place of Safety, supervised by the Women & Child
Department. However, the Act provides for separate categories of
childcare institutions: Children’s Homes and Open Shelters for
children in need of care and protection, and Observation Homes,
Special Homes, and Places of Safety for children in conflict with the
law. Rule 29(5) of the Juvenile Justice (Care and Protection of
Children) Model Rules, 2016, mandates that these institutions operate
from entirely separate premises to prevent interaction between the two
groups. Housing all categories in a single One Stop Centre may be
inconsistent with the statutory mandate. This aspect will have to be
considered by the UT Administration.
Mental Health Care
92. Another pressing concern is the implementation of the Mental
Healthcare Act, 2017 (Act of 2017). Mental Healthcare is also a
subject within the schemes of the Legal Service Authority. The Act of
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2017 acknowledges the vulnerability of individuals with mental
illnesses, the discrimination they face, and the challenges their families
endure. It aims to ensure that mental health patients receive the same
level of treatment as those with physical illnesses, supporting their
recovery, rehabilitation, and integration into society.
93. In the report dated 29 March 2025, it is informed that the UT
Administration has appointed a Psychiatrist in Kavaratti and two
Psychologists offering telemedicine consultation. The designated
officers in each island report mental health cases to Kavaratti, and if
further assistance is required, the patients are transferred to Thrissur
Mental Health Centre, Kerala. The available Psychiatrist periodically
visits all the islands. There were no psychiatric social workers in the
islands. In the order dated 3 April 2025, it was noted that a Psychiatrist
is currently posted in Kavaratti and telemedicine services are available
through Psychologists. However, one Psychiatrist post remained
vacant. Mental health patients are referred to the Mental Health Centre
in Thrissur when required.
94. In the report dated 30 June 2025, the Registrar General stated
that as regards the establishment of a Mental Healthcare Centre in the
islands, the UT Administration has informed that one Psychiatrist, one
Psychiatric Social Worker, and one Counsellor are available, and they
are conducting regular camps in all islands. It was also informed that
another Psychiatrist will be appointed in a month and there are
facilities at Kavaratti for keeping the patients under observation as per
the provisions of the Act of 2017. The UT Administration also stated
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that the Tele-Manas facility is active, which will cater to the needs.
95. Currently, individuals requiring mental health treatment are sent
to healthcare centres in Kerala, as there are no facilities for their
treatment and observation in the islands. This issue requires urgent
attention. The Legal Services Authority should take note of the
National Legal Services Authority (NALSA) scheme, which provides
for various measures to assist mentally ill individuals, including skill
development programs and support for independent living. The Legal
Services Authority should also explore ways to ensure proper support
for the mental healthcare services in Lakshadweep.
Authorities under the Domestic Violence Act
96. Sections 8 and 9 of the Protection of Women from Domestic
Violence Act, 2005 (Act of 2005) envisage the appointment of
Protection Officers, as far as possible, a woman, to assist the Magistrate
in the discharge of his functions under the Act of 2005. Protection
Officers have to make a Domestic Incident Report to the Magistrate
and ensure that the aggrieved person is provided with legal aid under
the Legal Services Authorities Act, 1987. Also, the Protection Officers
have to get the aggrieved person medically examined if she has
sustained bodily injuries, and they have to forward a copy of the
medical report to the police station and the Magistrate. In the order
dated 14 March 2025, it was noted that no Protection Officer had been
appointed. However, in the subsequent hearings, it was informed that
the UT Administration, by notification dated 29 September 2016, had
already appointed the Lady Village Extension Officers as Protection
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Officers in their respective islands. In the order dated 3 April 2025, it
was observed that the Protection Officers under the Act of 2005 had
been appointed on all islands. However, it is necessary to develop a
protocol to ensure that these important posts do not remain unfilled for
a long time.
Probation Officers
97. The Probation of Offenders Act, 1958 (Act of 1958) is applicable
to the Union Territory of Lakshadweep. Section 13 of the Act of 1958
mandates the appointment of a Probation Officer, while Section 14
outlines their duties. One of the duties of the Probation Officer is to
inquire, in accordance with any directions of a court, into the
circumstances or home surroundings of any person accused of an
offence with a view to assist the court in determining the most suitable
method of dealing with him and submit reports to the court. No
Probation Officer is appointed on the Islands. The UT Administration
has sought time to address the same and in the order dated 3 April
2025, it was mentioned that the UT Administration is also working to
appoint a Probation Officer under the Act of 1958. This aspect also has
to be looked into.
Committees under the NDPS Act
98. A Disposal Committee is mandated under the Narcotic Drugs
and Psychotropic Substances Act, 1985 (NDPS Act), and Rules 13 and
14 of the Lakshadweep Prohibition Regulations, 1979, govern the
confiscation of seized articles; there is no clear provision outlining the
procedure for the disposal of confiscated articles. There was, however,
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no committee constituted. In the order dated 3 April 2025, it was
mentioned that the UT Administration will notify the constitution of a
committee for the expeditious disposal of seized articles under the
NDPS Act, within fifteen days. By a report dated 30 June 2025, the
Registrar General informed that the UT Administration has notified a
District Level Drug Disposal Committee and the same was
communicated to the District Judiciary, Kavaratti.
Other Issues
99. One more issue that arose for consideration is the publication and
availability of statutory enactments for the Lakshadweep Islands. The
learned Amicus Curiae pointed out that access to the Acts, Rules,
Regulations, Bye-laws, etc., applicable to the Lakshadweep
Administration is difficult. Although the official website of the
Lakshadweep Administration has been uploading its Gazette
publications since 2015, the publications from earlier years are very
difficult to obtain. The Union Territory Administration should
consider digitising earlier Gazette notifications relating to enactments
or compiling them into a consolidated volume, as no private
publications are available in the market. Consequently, Advocates and
the general public can rely on Government publications.
100. At present, during vacancies in the Lakshadweep courts, the
charge is given to the courts under the District and Sessions Court,
Kozhikode. This is a historical practice from the time when
Lakshadweep had more transportation facilities to Kozhikode as
compared to Ernakulam. But now, with the passage of time,
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Lakshadweep is more connected to Ernakulam than to Kozhikode.
This is an aspect which will have to be looked into on the
administrative side of the High Court. Earlier, there was no separate
Portfolio High Court Judge for the Lakshadweep district, and the
Portfolio Judge of the Kozhikode district used to be in charge of
Lakshadweep. Considering the need for special attention, a separate
Portfolio Judge of the High Court has been nominated for the
Lakshadweep district.
Overview of the steps to be taken
101. 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.
102. Initially, ICT initiatives on the islands were rudimentary. After
joint meetings between the High Court and UT Administration, ICT
facilities are being developed on the three islands with courts, but these
must also extend to other inhabited islands. To facilitate this, e-Sewa
Kendras should be set up with e-filing facilities and at least one full-
time or part-time employee or volunteer to assist residents. Kiosks with
access to the National Judicial Data Grid would enable residents,
including those unfamiliar with technology, to track case status in both
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District and High Court. Advocates can appear in hybrid hearings, and
witnesses can be examined via video conferencing, reducing travel
needs. The Deputy Collector’s offices may provide suitable space for
such Kendras. Training in e-filing and ICT processes can be organised
by the UT Administration with assistance from the IT Directorate of
the High Court and the District Court, including a train-the-trainer
approach. Reliable network and bandwidth are essential.
Administrative issues regarding the use of the e-Court Project Grant
have to be resolved, and Lakshadweep has to be integrated into the
National e-Filing Portal. Clarification on the applicability of the
Electronic Video Linkage Rules for Courts (Kerala), 2021, to
Lakshadweep is required. The High Court may consider assigning an
officer from the IT Directorate to focus on ICT needs in the islands,
working directly with the District Court Administration. The
Computerisation Committee may also dedicate periodic meetings to
island-specific ICT concerns, including participation from the NIC
Unit at Kavaratti.
103. The success of the ICT initiatives depends on dependable
power supply, regular maintenance of court buildings, and expediting
the construction of the Andrott court. Another concern is the
availability of court staff. The High Court has requested the UT
Administration to create a separate judicial cadre, but recruitment
cannot be effectively implemented until the rules are finalised.
Currently, appointments are made by transferring from various
departments under the UT Administration and by deputation, with the
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District Judge supervising their work. Although the number of family
disputes is low for a separate Family Court, the suggestion to designate
the District Court to handle Family Court matters can be explored.
Statutory obligations require Family Courts, and every litigant’s case is
important, regardless of the total number of disputes. The matters, such
as giving charge to judges at Ernakulam, are for the High Court
Administration to consider.
104. The Legal Services Authority has an important role on the
islands. Close community ties can make mediation particularly
effective. Mukhtyars, who have historically been permitted to appear in
courts, can be mediators. Adequate infrastructure and staff are
necessary for the Legal Services Authority and vacancies of the Public
Prosecutors have to be filled up without delay. Registration of the
Lakshadweep Advocates’ Association would enable the Advocate
practising on the Islands to be eligible for benefits under the Advocates’
Welfare Fund.
105. The authorities and committees under the Juvenile Justice Act
have to be strengthened to ensure proper implementation. At the
initiation of this petition, most of these posts were vacant, though steps
have since been taken to fill them. The proposal to house child centre
institutions under one roof has to be examined for its feasibility and
legality. While some mental healthcare measures exist on the Island,
there is no dedicated mental health institution and the patients have to
travel to the mainland. Appointments under the Probation of
Offenders Act and the NDPS Act were not made previously; however,
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the UT Administration is now taking steps in that regard. Despite the
small population, these authorities perform essential functions directly
impacting vulnerable individuals. Issues under the Juvenile Justice
(Care and Protection of Children) Act, 2015, the Protection of Women
from Domestic Violence Act, 2005, the NDPS Act, 1985, and the
Mental Healthcare Act, 2017, may be less frequent than on the
mainland but are nonetheless present.
106. It is true that the population of the Lakshadweep Islands is low
compared to other States in the country. 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. 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.
Lakshadweep Judicial Administration and Infrastructure Committee
107. With the positive stand taken by the Union Territory
Administration during the hearing of this petition and in the meetings,
many issues were resolved by consensus of UT Administration and the
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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” . The officers (ex
officio) who have been participating in the joint discussions so far can
form the permanent committee, which shall be co-ordinated by the
Principle District Judge, Kavaratti. The basic principle that the
Committee will follow would be resolution of the issues by consensus.
The focus of the Committee being on finding solutions by consensus,
and that local issues are different, the Co-ordinator of the Committee
may invite stakeholders to the meetings for their inputs, such as local
elders, panchayat members, and in particular, the office bearers of the
Advocates’ Association. Though not formally made a part of this
Committee, the office bearers of the Advocates’ Association should
generally be invited to attend its meetings. 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
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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.
108. The formal orders establishing the Committee can be issued by
the UT Administration and the High Court Administration. In case
any intervention of the Court is required, the Co-ordinator of the
Committee can approach this Court, by filing an application in this
disposed of matter.
Directions
109. Accordingly, 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. The
composition of the Committee will be as follows,-
(i) Registrar General, High Court of Kerala;
(ii) Principal District Judge, Kavaratti-cum-Member
Secretary, Lakshadweep Legal Services Authority;
(iii) District Collector, Kavaratti, Lakshadweep;
(iv) Nominee of the Administrator, Lakshadweep;
(v) Superintendent of Police, Kavaratti, Lakshadweep;
(vi) Superintendent Engineer, Public Works Department,
Lakshadweep;
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(vii) Registrar (Computerisation)-cum-Director (IT), High
Court of Kerala, and
(viii) a representative of the National Informatics Centre.
(B) The Administration of the Union Territory of
Lakshadweep and the High Court Administration,
within three weeks from today, 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. The
President of the Lakshadweep Bar Association should
generally be invited to these meetings to provide inputs on
the local conditions.
(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. Preferably, at least one
meeting in a year will be held physically at the District
Headquarters at Kavaratti. The agenda of this meeting will
be circulated in advance.
(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. The Committee may invite stakeholders for
discussion.
(G) The report of the meetings will be placed before the
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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. If
the Portfolio Judge and the nominated Judge consider it
necessary for a particular issue, may give suggestions, guide
the functioning of this Committee, and if so require,
preside over any of the meetings, physical or through video
conferencing.
(I) Initially, the Lakshadweep Judicial Administration and
Infrastructure Committee will look into the following
issues, which are indicative but not limited to:
(i) E – Sewa Kendras to be established on each of
the inhabited islands, and the utilisation of the
office space available in the Deputy Collector’s
office can be explored as a temporary solution.
(ii) The approval of electronic filing rules needs to
be approved by the Union Administration and as
stop gap adoption of the Electronic Filing Rules
for Courts (Kerala), 2021.
(iii) Adequate provision for installation of inverters
and solar panels for the reasonable and sufficient
requirement of energy for the courts and e-Sewa
Kendras.
(iv) Optical fibre connectivity to strengthen the
Video Conferencing and e-filing.
(v) Finalisation of recruitment rules of judicial staff
by the Administrator / Ministry of Home Affairs.
(vi) Finalisation of the creation of the Prosecution
Directorate pending before the Ministry of
Home Affairs.
(vii) Creation of a separate cadre for the judiciary in
the Union Territory.
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(viii) The infrastructural issues faced by the courts,
construction of new buildings, repair and
maintenance of new buildings, etc.
(ix) Construction, repair and maintenance of the
premises of the Legal Services Authority,
including residential quarters and other
infrastructural issues.
(x) Notification of officials and institutions under
the Juvenile Justice (Care and Protection of
Children) Act, 2015, the Protection of Women
from Domestic Violence Act, 2005, the
Probation of Offenders Act, 1958, the Mental
Healthcare Act, 2017, the Narcotic Drugs and
Psychotropic Substances Act, 1985, etc.
(xi) Protocol for notifying and initiating the process
of filling up the anticipated vacancies in advance.
(xii) Mental healthcare establishments and issues
associated therewith.
(xiii) Other aspects outlined in this judgment, which
are not specifically referred to above, but require
steps to be taken.
(xiv) Any other issue specifically directed by the
Portfolio High Court Judge and the nominated
Judge will be looked into by the Committee.
(J) In case any further directions are required in respect
of the judicial administration in the Union Territory, it will
be open for the Co-ordinator of the Committee, the
District Judge, Kavaratti, or as directed by the Portfolio
Judge and the nominated Judge, to file an interim
application in this disposed of petition for directions on a
particular issue that requires intervention of the Court.
The application so filed, preferably, subject to an
appropriate administrative order, be placed before the
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Bench of which one of us is a party.
110. The Writ Petition is disposed of with the above directions.
111. We place our appreciation on record for the assistance rendered
by the learned Amicus Curiae, the learned counsel for the parties, and
the officers of the Lakshadweep Administration who have taken a
positive stand in the matter.
Sd/-
NITIN JAMDAR,
CHIEF JUSTICE
Sd/-
ZIYAD RAHMAN A. A.,
JUDGE
Krj & Eb
W. P. (C) No. 7547 of 2025
-60-
2025:KER:63497
APPENDIX OF WP(C) 7547/2025
PETITIONER EXHIBITS
EXHIBIT P1 ORDER DATED 24.01.2025 IN WP(C) NO.
15855/2020