Sexual assault case: Kerala HC extends stay on order seeking MLA’s mobile phone passcode

Kochi: High court has extended by two weeks its interim order staying the directive of the judicial first-class magistrate court, Thiruvalla, requiring former MLA Rahul Mamkootathil to provide the passcodes of his mobile phones seized by the investigating officer for forensic examination in connection with a sexual assault case against him.

The bench of Justice C Jayachandran issued the order while considering Mamkootathil’s petition challenging the magistrate court’s order. He contended in the petition that the court below had issued the direction without properly considering the constitutional objections raised by him. On Monday, the senior govt pleader sought an adjournment of the matter. Accordingly, HC posted the case for consideration after two weeks.

Following Mamkootathil’s arrest in connection with the sexual assault case, the investigating officer had seized two of his personal mobile phones and sent them to the Central Forensic Science Laboratory for forensic examination. However, the data could not be accessed as the devices were protected by passcodes. Subsequently, the investigating officer obtained an order from the magistrate court directing Mamkootathil to provide the passcodes.

Challenging the order, Mamkootathil contended that the mobile phones contain extensive personal and private data unrelated to the alleged offence. He argued that compelling him to disclose the passcodes would violate Article 20(3) of the Constitution, which protects an accused from being compelled to be a witness against himself, and Article 21, which guarantees the fundamental right to privacy.

On Monday, HC also adjourned by two weeks the state’s petition seeking to quash the order of the sessions court, Thiruvananthapuram, granting pre-arrest bail to Mamkootathil in another sexual assault case. In that case, he is accused of raping a 23-year-old woman from Bengaluru.