NEW DELHI (Saturday, March 7, 2026) — A plea has been moved in the Supreme Court of India challenging the anticipatory bail granted to expelled Congress leader and Palakkad MLA Rahul Mamkootathil in a high-profile case involving allegations of rape and forced abortion. The survivor’s petition seeks to set aside the Kerala High Court’s February 12 order, arguing that the court conducted a “mini-trial” and made unwarranted remarks about her character.
Grounds for the Supreme Court Challenge
The survivor, represented by advocate Subhash Chandran K.R., has raised several critical legal and ethical points in her Special Leave Petition (SLP):
- Objection to “Consensual” Remarks: The petitioner took strong exception to Justice Kauser Edappagath’s observation that the relationship appeared “prima facie consensual” because the victim had visited the MLA’s flat. The plea argues that past cordiality or voluntary visits do not constitute a “blanket license” for sexual assault.
- Allegation of a “Mini-Trial”: The survivor contends that the High Court exceeded its jurisdiction by performing a detailed analysis of WhatsApp chats and evidence—a task meant for the trial stage—rather than focusing on the necessity of custodial interrogation.
- Forced Abortion: The plea reiterates that the MLA coerced the survivor into a miscarriage by using threats of suicide and the unauthorized recording of intimate videos to blackmail her, which falls under Section 69 of the Bharatiya Nyaya Sanhita (BNS).
- Habitual Offender Claim: The petition highlights that Mamkootathil is facing three separate FIRs for similar offenses, with authorities reportedly identifying nearly ten potential survivors, indicating a systematic pattern of behavior.
Case Context: The Legal Battle So Far
Rahul Mamkootathil, once a rising star and former State President of the Youth Congress, has seen a rapid fall from grace following these allegations.
| Event | Date | Status/Details |
| First FIR (Nemom PS) | Nov 28, 2025 | Allegations of rape, forced abortion, and IT Act violations. |
| Expulsion from Congress | Dec 2025 | Party expelled him following multiple complaints. |
| Third Case Arrest | Jan 11, 2026 | Arrested in a third case; spent over two weeks in custody. |
| HC Anticipatory Bail | Feb 12, 2026 | Granted in the first case with conditions (surrender of phone/passport). |
| SC Challenge Filed | Mar 6, 2026 | Survivor moves the apex court against the Feb 12 order. |
Current Situation in Kerala
The case has caused significant political ripples in Kerala. While the High Court noted that “law and morality are not equivalent,” the survivor’s legal team argues that the court’s skepticism of a “mature woman’s” claims reflects a regressive judicial approach. Meanwhile, Mamkootathil remains out on bail but is barred from leaving the state and must appear for interrogation as directed.
Sources
- Bar and Bench: “Rape survivor moves Supreme Court against anticipatory bail granted to Kerala MLA Rahul Mamkootathil” (March 7, 2026)
- The Hindu: “Woman complainant moves SC against pre-arrest bail to Rahul Mamkootathil” (March 7, 2026)
- Live Law: “Kerala MLA Rahul Mamkoottathil’s Anticipatory Bail In Rape Case Challenged In Supreme Court” (March 7, 2026)
- Hindustan Times: “SC plea challenges anticipatory bail to Kerala Congress legislator in rape case” (March 7, 2026)
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