After several litigations were moved before the Kerala High Court against the decisions of administrator Praful Khoda Patel, the Lakshadweep administration has mooted a proposal to shift its legal jurisdiction from the Kerala High Court to the Karnataka High Court.
The administrator of Daman and Diu Praful Patel was given the additional charge of Union Territory of Lakshadweep in the first week of December '20 after the former administrator died. Since, he has passed several controversial decisions, including revising standard operating procedures for Covid-appropriate behaviour, the introduction of the goonda act and demolishing hutments of fishermen for widening roads. About 23 applications, including 11 writ petitions, have been filed against the administrator, the police and the local governments.
As per law, the jurisdiction of a High Court can only be shifted through an act of the parliament. According to Article 241 of the Constitution, "Parliament may by law constitute a High Court for a Union Territory or declare any court in any such territory to be a High Court for all or any of the purposes of this Constitution." Section 4 of the same article mentions that "nothing in this article derogates from the power of Parliament to extend or exclude the jurisdiction of a High Court for a state to, or from, any Union Territory or part thereof".
"This was his (Patel) first attempt to shift the judicial jurisdiction from Kerala to Karnataka. Why was he so particular to transfer it... it's totally a misappropriation of the post. The mother tongue of the people on these islands is Malayalam. One should not forget the name of the High Court is Kerala and Lakshadweep High Court. This proposal was conceived during his first visit to the islands," Lok Sabha member PP Faizal said. He noted that none of the 36 administrators before Patel had such an idea and asked if there was a need for it now.
"However, if this proposal will see any light of the day, we will oppose it tooth and nail on the floor of Parliament as well as with the judiciary," the Lok Sabha member from Nationalist Congress Party said.
As Malayalam is both the spoken and written language for Kerala and Lakshadweep, shifting the jurisdiction will change the entire judicial system. Responding to the move, CN Noorul Hidya, a prominent lawyer from the island, said, "But that is not the right move. How can they change the jurisdiction when we share the bond of language, and the court documents are accepted in Malayalam language only." She added that the move would be opposed, for it would lead to a denial of justice. "One has to understand that the High Court in Kerala is just 400 km away whereas that of Karnataka is over 1,000 km with no direct connectivity as well," Hidya said.
Furthermore, changing of High Court would mean an extra burden on the exchequer as all cases presently under trial would have to be heard fresh again.