A Constitution Bench issued the direction while considering Mamkootathil’s anticipatory bail plea in the alleged rape case registered against him.
The development came a day after the Thiruvananthapuram Principal Sessions Court rejected his bail request, observing that custodial interrogation was necessary for a fair and effective investigation. The court had noted that the seriousness of the allegations warranted direct questioning by investigators.
When the plea came up before the High Court on Saturday, the counsel for Rahul Mamkootathil informed the Bench that he needed to make certain submissions before the matter could proceed.
The judges clarified that, given the wide-ranging issues involved, the court would not enter into the merits of the case at this stage.
However, they granted interim protection from arrest till December 15.
The order ensures that police cannot take him into custody until the next hearing, effectively pausing the escalating manhunt.
AICC general secretary KC Venugopal reacting to the bail said all people can approach the judicial system and what the party has done is done.
Mamkootathil, who has been untraceable for days, was dismissed from the Congress, early this week, after the allegations surfaced and the investigation intensified.
His disappearance has drawn criticism from across the political spectrum, with questions raised about his refusal to cooperate with the probe.
The High Court’s interim order brings temporary relief for the embattled MLA but also heightens scrutiny on the Congress, already under pressure for its handling of the crisis.
This interim relief appears to have come as a blessing in disguise to the Congress party too as the two phase local body polls would be over and the results also would have come by then.
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