Palakkad: The Chief Judicial Magistrate here took unprecedented steps to relocate the proceedings to the ground floor to ensure the full participation of a wheelchair-bound witness in the legal process.
The incident unfolded the other day at the Palakkad court complex, where the witness, affected by a debilitating disease and the serious injuries that he suffered in a vehicle mishap a few years ago, faced the insurmountable obstacle of accessing the courtroom on the first floor.
P S Mohammed Rafeeq (51), a native of Pezhumkara, arrived at the court complex in a wheelchair to testify in a case relating to a vehicle mishap at the Valiyangadi fish market in 2015. One person had died and five, including Rafeeq, suffered injuries in the accident caused after a tipper lorry lost control.
Rafeeq, suffering from muscular dystrophy, sustained grievous injuries on his knee, and got bound to a wheelchair when his illness aggravated during treatment for the wounds. Though he was served with summons multiple times during the trial, Rafeeq informed the court of his accessibility difficulties. However, he arrived at the court complex in a wheelchair with the help of his wife and son, after coming to learn that he would be served a warrant if he failed to appear again.
He waited at the court premises after the lack of proper infrastructure and accessibility arrangements meant he couldn’t physically reach the designated courtroom on the first floor. And when the case was not taken until 1.30 pm, Rafeeq informed the lawyer of his difficulty and prepared to leave. Just then, Deputy Director of Public Prosecution (DDP) P Premnath brought his ordeal to the notice of the court.
There was no lift facility and the efforts of lawyers and others to carry him to the first floor too failed. It was then that CJM V Sreeja directed the court officials to shift the proceedings to a more accessible No 3 courtroom. Even the opposition lawyer, Sathya Prakash, lent a helping hand.
Meanwhile, Rafeeq tried to go to the toilet. But the infrastructural barriers turned out to be a hurdle again. “Though all of us reiterate that every nook and corner is disabled-friendly, the truth is that the facility is not there in most places. It’s hard to convey the difficulties faced by persons like me and our relatives. And not many can understand our struggles,” reflected Mohammed Rafeeq, even as he expressed gratefulness for the considerate action taken by the CJM.
If a witness returns without being cross-examined in a criminal case, the magistrate will be appointed as an inquiry commission for further proceedings. However, the whole process is time-consuming.
